Your Personal Injury Lawyers
How Do I Claim for Accident Benefits?
If you suffered injuries in a car accident, you need to file a claim for accident benefits to recover medical care costs, lost wages, and more. According to the Financial Services Commission of Ontario (FSCO), you only have a week to notify your insurance carrier about your accident if there is an injury or property damage. If your injuries prevent this, you may have more time, but you must act quickly to protect your claim.
When you notify your insurance broker or carrier, they send you paperwork or otherwise gather the information they need to:
- Determine which coverages apply based on your accident
- Begin to put a value on your claim
Claims for Coverage of Injuries and Lost Wages
After filing your claim and submitting the paperwork, your insurance carrier likely assigns an accident benefits claims adjuster to work with you through the rest of the claims process.
Accident benefits claims are based on the driver’s or injured person’s statutory accident benefits coverage. Under Ontario Regulation 34/10’s Statutory Accident Benefits Schedule, these benefits may be available to the policyholder regardless of fault in the accident. Statutory accident benefits include:
- Supplemental medical care coverage
- Rehabilitation costs
- Attendant care
- Income replacement
- Non-earner benefits
- Caregiver benefits (optional benefits)
- And possibly more if you qualify
The caveat to this coverage is that it only pays out up to the limits of the policy, which may not cover all your related losses.
In Some Cases, Toronto Accident Victims May File Third-Party Liability Claims
According to the Insurance Bureau of Canada (IBC), Ontario requires accident victims to meet a certain threshold in order to recover compensation for pain and suffering and future health care expenses. If you qualify to take this type of action, you may be able to recover damages that include:
- Pain and suffering
- Costs related to medical treatment and rehabilitation
- Other damages if you qualify
The threshold for filing this type of claim includes permanent and serious injuries or permanent and serious. This may include physical, mental, and psychological injuries. One of the ways to learn if your injuries meet the threshold is to discuss your case with a lawyer who handles Ontario traffic accident claims.
A Car Accident Lawyer May Be Able to Build a Case for a Third-Party Liability Claim or Lawsuit
If you suffered injuries in a car accident, or if you have questions about the fault in your accident case, you may want to speak with a member of our Ontario car accident team. You may have a right to file a third-party liability auto insurance claim or a lawsuit to hold the at-fault driver responsible.
Deadline for Filing an Ontario Car Accident Lawsuit
You should begin this process as soon as possible, though. Not only do you need to assess your options to ensure you meet claims deadlines, but there is also a deadline for filing a lawsuit. Under the Ontario Limitations Act, victims generally only have two years to file suit, subject to the discoverability doctrine.
Talk to a Member of the Preszler Injury Lawyers Team Today
If you have questions about potentially filing claims based on liability following a car accident, call Preszler Injury Lawyers today at 1-800-JUSTICE. If you are unable to travel to speak with a member of our team, we may be able to come to you.
