If you have sustained injuries in a motor vehicle accident in Ontario, you are entitled to Statutory Accident Benefits otherwise referred to as “no-fault benefits”. You are entitled to accident benefits if you were a driver, passenger or a pedestrian struck by a motor vehicle, regardless of fault. You should contact your insurer within 7 days of your motor vehicle accident to make a claim for benefits.
Accident benefits are comprised of several benefits including but not limited to income replacement benefits, attendant care benefits and medical and rehabilitation benefits. For injured parties, getting the necessary medical treatment following a motor vehicle accident is paramount, but the monetary limits allotted for your medical and rehabilitation treatment will be determined by the classification of your injuries.
If you have sustained soft tissue injuries, you may be subject to the $3,500.00 Minor Injury Guide (“MIG”) monetary limits for your medical and rehabilitation treatment. For many, the amount of money allotted within the Minor Injury Guideline is simply may not be enough for injured parties to receive adequate treatment. If your insurer has placed you in the “MIG” and you still require further medical and rehabilitation treatment, your next step should be to contact the experienced lawyers at Shah Eubanks PC. Our lawyers have successfully removed clients from the “MIG”.
Call us today to schedule an appointment to review your accident benefit file.
Frequently Asked Questions
Yes. You must complete the accident benefit forms and return it to your insurer within 30 days of receipt.
You are required to provide an accident benefit statement to the insurance company. We strongly urge you to contact us before providing a statement to your insurance company. The statement you provide to your insurance company may be misconstrued disentitling you to certain benefits. Contact us before providing a statement to discuss your claim.
You may be entitled to the non-MIG limits if you have met the test as outlined in s.18 (2) of the Statutory Accident Benefits. A claimant may be exempt if their injury or injuries are “predominantly” a minor injury but based on compelling evidence provided by his or her health practitioner, if the insured person has a pre-existing medical condition that will prevent the insured person from achieving maximal recovery from the minor injury if he or she is subject to the $3,500 limit.”
Yes. You have a right to dispute the insurer’s determination of your Statutory Accident Benefits by applying for mediation to the Financial Services Commission of Ontario (FSCO) within two years of the insurer’s decision to deny, stop or reduce a benefit.
Yes. You must first submit your claims for medical and rehabilitation treatment and prescription expenses to your extended health care provider prior to submitting the expenses to your insurance company for reimbursement.