I’ve been involved in a car accident. What are my rights?

The Insurance Act in Ontario provides for a partial no-fault scheme. You are entitled to accident benefits regardless of who is at fault for the accident. The accident benefits are primarily provided by your automobile insurer. The nature of your injury will determine the extent of your entitlement to accident benefits. In particular, you may be entitled to the following accident benefits:

  • income replacement (if you were employed at the time of the accident)
  • non-earner benefit (if you were not employed at the time of the accident)
  • caregiver benefit (if you were the primary caregiver for a dependent at the time of the accident)
  • medical and rehabilitation benefits
  • attendant care benefit
  • visitor expense benefit
  • funeral and death benefit
  • housekeeping or home maintenance expense benefit

You may be entitled to one or more of the above benefits. It is imperative that you contact your automobile insurer immediately after the accident to initiate the accident benefit claim. In fact, you must do so within seven (7) days of the accident. Your automobile insurer will provide you with the accident benefit claim package. Please follow your automobile insurer’s directions in completing and submitting the claim package.

Our personal injury law team can help, contact us today.