Am I Still Entitled to Benefits under No-Fault Insurance?
Understanding Ontario’s statutory accident benefits scheme can be very complex. However, every Ontario resident injured in a car accident is still entitled to certain benefits. A personal injury lawyer with the necessary expertise can help walk you through the Statutory Accident Benefit Applications and help make sure you get the maximum benefits and settlement possible.
Your accident benefits are calculated based on a number of factors, including:
- the severity of your injuries,
- your pre-accident income,
- any extra accident benefits you may qualify for.
There are a number of misconceptions that surround no-fault insurance, some of which surround whether benefits will be applied if you have caused an accident. The first thing worth noting is that no-fault insurance does not mean on one is at fault in the event of an accident. Insurance companies will still make a determination of fault but will handle your claim regardless of who caused the accident. Your injury benefits claim will also be handled regardless of who is at fault. Regardless it is probably a wise idea to consult a personal injury lawyer.
It is important to know that if you are involved in a truck accident, motorcycle accident, recreational vehicle accident such as ATVs, pedestrian or bike accident or other type of motor vehicle accident (MVA), you must apply for accident benefits before you can sue the responsible driver for damages.
Be aware: Anything you post on Facebook, Twitter or other social media sites could be used against you in determining your entitlement to benefits. Change your privacy settings and do not post any information about your treatment or the accident on any website.
You can find a wide range for Auto Insurance Claims Forms (OCF Forms) on the Financial Services Commission of Ontario website: https://www.fsco.gov.on.ca/en/auto/forms/pages/ocf_forms.aspx. The entire page is worth looking at but the most common forms are:
Application for Accident Benefits – https://www.fsco.gov.on.ca/en/auto/forms/Documents/SABS-Claims-Forms/1224E.2.pdf
Disability Certificate – https://www.fsco.gov.on.ca/en/auto/forms/Documents/SABS-Claims-Forms/1226E.pdf
Declaration of Post-Accident Income and Benefits – https://www.fsco.gov.on.ca/en/auto/forms/Documents/SABS-Claims-Forms/1019E.pdf
Treatment Confirmation Form – https://www.fsco.gov.on.ca/en/auto/forms/Documents/SABS-Claims-Forms/1209E.1.pdf
Notice of Examination – https://www.fsco.gov.on.ca/en/auto/forms/Documents/SABS-Claims-Forms/1043E.pdf
If you have been injured in an accident and need to talk with a personal injury lawyer, contact Ferguson Barristers before it is too late. We will provide you with an evaluation of your case and help you learn what you are entitled to and what options you have, regardless of who is at fault.