FAQs

Please read the following topic areas to find answers to your most common questions. In addition to the FAQs below, you can send us any unanswered questions and we will get back to you in a timely manner. This information is provided for general background on Automobile Insurance. All legal questions should be discussed with a lawyer.

  • What are some examples of non-pecuniary losses?

    Non-pecuniary losses, or general damages, would be pain, suffering and/or loss of enjoyment of life.

  • How do I know if I can sue for non-pecuniary damages?

    To sue for non-pecuniary damages, you must have permanent disfigurement or permanent impairment of an important physical, mental or psychological function.

  • Is there a deductible?

    The deductible is $30000.00 from the amount you would receive.

  • Can family members sue?

    In the event of death or injury, family members can sue and are subject to a $15000.00 deductible.

  • Do I receive loss of income from my own insurance carrier right away?

    No, you must wait for 7 days after the collision.

  • What are pecuniary losses?

    Pecuniary loss is a financial loss which in addition to lost wages could involve the cost of hiring help.

  • I was a pedestrian at the accident, am I still entitled to accident benefits?

    Yes, you do not have to be a passenger to be eligible.

  • What do I do right after I have an automobile accident?

    Within 7 days, you must notify your insurer, who will give you application forms that need to be filed back with your insurer within 30 days.

  • What happens if I don’t file the application within the 30 days?

    If there is a reasonable explanation, most insurers will still accept your application at a later date.

  • Am I covered under the Statutory Accident Benefits?

    Yes you are, and any member of your immediate family may also be entitled.

  • Does it matter if I have a private insurance policy?

    Statutory accident benefit covers the portion of expenses that aren’t covered by your private insurance.

  • What part of my medical expenses are covered by the insurer?

    Within reason, the insurer may be required to pay for medication, prescription eyewear, dental devices, medical aids, chiropractic, psychological and/or occupational therapy, medical, hospital and nursing care, social and vocational rehabilitation; transportation to and from above noted treatment sessions, home renovations and vehicle modifications if required.

  • How much am I entitled to receive?

    Up to $100,000.00 of medical and rehabilitation benefits for expenses can be received. For catastrophic injuries, the benefit is increased.

  • How long can I receive benefits?

    You can receive benefits for expenses incurred up to 10 years after the accident.

  • What do I need to give to my insurer?

    You must submit a Treatment Plan to the insurance company before any treatment begins.

  • How do I get a Treatment Plan?

    The Treament Plan is prepared by a health professional and signed by either a physician, psychologist, physiotherapist, dentist, optometrist or chiropractor.

  • Can I get an assessment from my own doctor?

    Yes, your own health care professional can usually assess you under the regulation.

  • Who pays for funeral expenses?

    Death, as a result of a motor vehicle accident, requires the insurer to pay a maximum of $6000.00 in funeral expenses.

  • Does the insurer have to pay death benefits as well?

    Yes,  death benefits are as follows:
    If the deceased was:
    • Married - $25000.00 to spouse
    • Not married but survived by dependant(s) - $25000.00 to dependants
    • A dependant - $10000.00 to person whom the deceased was dependant

  • Does everyone qualify for death benefits?

    The deceased must have died within 180 days from the time of the accident or within 156 weeks of the day of the accident if the deceased was continuously disabled as a result of the accident.

  • How do I know if I qualify for Income Replacement Benefits?

    You can receive this benefit up to 104 weeks after the accident provided you:
    • were employed on the date of the accident and can no longer perform due to accident
    • if you were unemployed, receiving UIC, and unable to perform due to accient
    • you were to start work within a year (with proof of a written contract), and can no longer start due to accident

  • If entitled, when would I start to receive income replacements?

    Income Replacement Benefits would not start until after 7 days after the collision. 80% of your net weekly income could be paid to you, if not covered by another policy.

  • Is there a maximum amount of income replacement?

    There is a maximum of $400.00 a week. Optional coverage can be purchased to make this higher. This $400.00 may be over and above your other group or private benefits.

  • I am self-employed, can I still receive income replacement?

    Depending on your income and expenses, self-employed people are entitled.

  • Is there a period of time that I can only get these benefits?

    Income Replacement Benefits are available until the age of 65, when they will gradually start to decrease.

  • I have just completed university and not yet working, what benefits can I get?

    If you are completely incapable of carrying on a normal life, you could be entitled to non-earner benefits.

  • My elderly parents live with me, can I receive any benefits?

    If you lived with and were the primary caregiver to someone, without being paid, you may be entitled to a caregiver benefit.

  • How much is the caregiver benefit?

    There is a maximum of $250.00 a week for the caregiver benefit. You get an additional $50.00 a week for each additional person.

  • I am eligible for non-earner benefits and caregiver benefits, can I receive both?

    No, these cannot be combined. At any given time, only one of income replacement, caregiver and non-earner benefits can be received by any one person.

  • When can insurers say no to payments?

    Insurers have the right to refuse payment if you got in an accident while driving and knowingly:
    • drove without proper insurance
    • drove without a license
    • were driving a car that you were not authorized to drive
    • were convicted of a criminal offense
    • were convicted of impaired driving, or driving over legal limit of blood alcohol
    • refused to take a breathalyzer
    • were accused of false statements to insurer

  • I am a student, what happens if I am unable to attend my classes due to my injury?

    If enrolled at the time of the accident, lost educational expenses will be paid for.

  • How much is the lost educational expenses benefit?

    You can receive a maximum of $15,000.00 to cover books, tuition etc.

  • I am unable to cut my lawn since the accident and now I have to pay someone to do it, is there a benefit for that?

    $100.00 a week can be allocated for housekeeping and home maintenance, provided you did it yourself prior to the accident.

  • My eyeglasses were damaged in the collision, is that covered?

    Yes. Things such as dentures, prescription eyewear, hearing aids and prostheses can be covered if lost or damaged in an accident.

  • Can I have an example catastrophic impairment?

    Impairment is determined to be catastrophic after your condition has stabilized or it has been 3 years since the date of the accident. An application has to be filled out. Catastrophic would include loss of vision in both eyes, permanent loss of use in both arms or both legs, paraplegia, quadriplegia and severe brain injuries.

  • What does that mean in terms of coverage?

    Catastrophic Impairment means that a much higher level of all benefits, medical and rehabilitation ($1,000,000.00) and attendant care ($1,000,000.00) are offered. These benefits are also payable over your entire life.

  • I have optional benefits, who should I tell?

    It is important to show a copy of your insurance policy to your lawyer so that they can determine if any optional benefits are available to you. You may be entitled to more.

  • What should I do to make a claim?

    • Within 7 days, notify your insurer so they can give you the application forms.
    • Within 30 days, the completed application must be filed with your insurer.
    • Sign any waivers allowing access to medical information.
    • If you feel that you are not receiving the benefits that you feel you are entitled to, contact your lawyer immediately.

  • Why do I need a lawyer?

    Often, lawyers will have free consultations to let you know whether or not you have a case. You will know for sure that you are getting proper , legal advice and you will receive every benefit that you are entitled to receive. A lawyer will be able to accurately assess the situation and give you a professional opinion about the outcome of your case.


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