Accident Benefits In Ontario
January 15, 2009 If you have had a car accident in Ontario you will have heard the term "accident benefits". What are accident benefits?
In Ontario, accident benefits are the "no fault" benefits available under your motor vehicle insurance policy. They are the rights under your car insurance policy which define the funding that is available to you for income replacement and health and other services in the event of a car accident. Accident benefits are available whether the car accident is your fault or the fault of the other driver.
If you have been injured in a car accident, you are entitled to accident benefits. There are also some benefits available to family members of victims of car accidents.
In the event that you have been convicted of drinking and driving in a car accident, you may lose your rights to certain accident benefits. You should consult a personal injury lawyer to determine your entitlement to benefits if you have been convicted of drunk driving resulting in the car accident.
Many people are very concerned about how they will pay their bills when they can't work after a car accident. Accident benefits address this problem. You are entitled to receive income replacement accident benefits if you were employed at the time of the car accident, or employed at least 26 of the preceeding 52 weeks before the car accident. You are also entitled to receive income replacement accident benefits if you were to start work within one year pursuant to a written contract made prior to the car accident. The maximum income replacement benefits available are $400 per week unless you purchased optional insurance benefits to increase the maximum weekly benefits. If you were self-employed at the time of a car accident you need a lawyer to advise you on your entitlement to income replacement. You will to be entitled to income replacement benefits for your lifetime if you continue to meet the "disability test" and other criteria.
Even if you were not employed when you were injured in a car accident, you may be entitled to a "non-earner" benefit of up to $185.00 per week for the first 104 weeks. You must wait 26 weeks before the income replacement benefits are paid. The income replacement benefit increases to up to $320 per week in the event that you continue to have a complete inability to carry on a normal life after 104 weeks after the car accident.
If you have been denied income replacement benefits following injury you sustained in a car accident and you feel that you are unable to work, you need to meet with a personal injury lawyer to advise you of your rights.
You may need a lawyer to assist you in applying for many of the various accident benefits following a car accident. In addition to income replacement benefits, there are many other benefits that may be available to you. Benefits include income replacement benefits, non-earner benefits, medical & rehabilitation benefits, caregiver benefits, attendant care benefits, expenses for visitors, housekeeping benefits, home maintenance benefits, lost education expenses, and death and funeral expenses.
The law relating to accident benefits is complex. I strongly suggest that you meet with a lawyer following a car accident if you have been injured. Your lawyer can advise you of the benefits you should receive. If you are looking for a lawyer to assist you with applying for accident benefits following a car accident, Injury Alliance Inc. can direct you to the proper lawyer for your case. You can find Injury Alliance at www.injuryalliance.com.
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