Statutory “No-Fault” Accident Benefits
Continuing on to this week’s topic, “no-fault,” today I’d like to talk about the Statutory Accident Benefits under the Ontario Auto Policy.
Automobile insurance in Ontario is highly regulated. The government sets out mandatory benefits that all automobile insurance policies in Ontario must carry. Among the benefits are Accident Benefits.
Prior to the 1990s Accident Benefits were available only as an alternative for the victim to recover damages awarded from a lawsuit. However, since then automobile insurance has been reformed and a “no-fault” scheme has been established for personal injuries as a result of car accidents. Accident Benefits have become the primary recovery method for persons injured in a car crash, while the civil litigation route has taken second place as a recovery method.
Accident Benefits, by law, are to provide compensation regardless of fault. Therefore, if you are injured in a car crash, you’ll be entitled to the prescribed benefits regardless of whether you are the driver, a passenger, or a pedestrian. You will get the benefits even if you’re the one who caused the accident (unless you are otherwise excluded by law). As such, this is a truly “no-fault” insurance policy.
Accident Benefits may include the following, depending on the circumstances:
• income replacement
• non-earner benefit
• caregiver
• attendant care
• medical expenses
• rehabilitation expenses
• visiting expenses for family members
• lost education expense
• housekeeping and home maintenance expense
• cost of examinations
• death
• funeral expenses