Are Accident Benefits Mandatory In Ontario?
From the Government of Ontario, the Insurance Act mandates that all motorists who live and drive in Ontario must carry certain types of automobile insurance coverage. This includes statutory accident benefits coverage, as well as liability coverage, and some other types of coverage.
This requirement ensures the driver and their passengers have access to benefits regardless of who causes an accident. There may be options for increasing the limits of this type of no-fault coverage, and those who sustain serious injuries may still be able to hold the at-fault driver accountable through a liability claim or suit in addition to filing an accident benefits claim.
The Statutory Accident Benefits Schedule Provides No-Fault Coverage for Accident Injuries
Under Ontario Regulation 34/10: Statutory Accident Benefits Schedule, all drivers involved in a traffic accident in Toronto or a nearby area of Ontario should have medical benefits available up to the limits of their policy. The mandatory statutory accident benefits coverage includes:
- Supplementary medical costs
- Rehabilitation and care
- Attendant Care
- Income replacement
- Non-earner benefits
This coverage applies following an Ontario traffic accident, regardless of who was at fault. While there are options to increase your coverage, there may also be an opportunity to hold the other driver liable if they caused your accident.
Ontario Considers Several Types of Car Accident Coverage Mandatory
Statutory Accident Benefits are just one of the accident benefits mandatory in Ontario. According to the Financial Services Commission of Ontario (FSCO), other mandated policies all drivers should carry in Ontario include:
Third-Party Liability Insurance Coverage
If you cause an Ontario traffic accident and a victim suffers serious injuries, passes away, or sustains other damages, you may be held liable. This type of coverage generally provides for protection from claims made by a third party for their medical care, pain and suffering, lost wages, or other losses. They may file a claim or a lawsuit to recover these damages. Ontario requires you to have a policy worth at least $200,000.
Direct Compensation – Property Damage (DC-PD) Insurance
If another driver caused your Ontario car accident, this coverage will pay to repair or replace your vehicle and its contents.
Uninsured Automobile Coverage
If you suffer serious injuries or losses caused by a driver of an uninsured or underinsured vehicle, your uninsured automobile coverage may pay out to cover additional damages that are owed to you.
In Some Cases, Statutory Accident Benefits Are Not Enough After an Ontario Accident
If you suffered serious injuries in a car accident, the costs of your treatment, care, and lost wages may quickly eclipse the limits of your accident benefits policy. If this happened to you, we recommend reaching out to speak with a car accident lawyer in Ontario in the first days and weeks following your accident.
For those who qualify, a claim can be made against the at-fault party to recover compensation for the following:
- Pain and Suffering
- Past and Future Loss of Income
- Future Health Care and Rehabilitation Costs
- And possibly more if you are eligible
If you have questions about your rights or how to navigate the process for pursuing compensation, you may want to consider discussing your case with an Ontario car accident lawyer. However, you should act quickly. Per the Ontario Limitations Act, you may have as little as 24 months to file a lawsuit.
Talk to a Member of the Preszler Injury Lawyers Team Today
While accident benefits may cover some of your losses, when injuries are serious, it is not enough. To learn more, call Preszler Injury Lawyers today at 1-800-JUSTICE to discuss your case with a member of our team.