Accident Benefit Claims

Accident benefits, or “no-fault” benefits, are available to anyone involved in a car accident regardless of who is responsible.

Following a car accident, the following steps must be taken:

  • You must advise your automobile insurance company immediately of an accident. In cases where you do not have access to automobile insurance, our office will ensure that the insurer for the other vehicle is put on notice.
  • You must complete the accident benefit claim application form, along with providing evidence of any income loss and medical evidence of your injuries.
  • In cases where someone is self-employed, an accountant may need to be hired on your behalf to substantiate your loss of income.

There are a number of benefits available to you following a car accident.Those benefits are:

  • If you are not able to work following, you may apply for an income replacement benefit (IRB). You are entitled to 70% of your gross income on a weekly basis if you cannot work.  This amount is payable up to a maximum of $400.00 per week.  Any shortfall between 70% of your gross income and the IRB, is recoverable against the at-fault party.
  • You are entitled to an IRB if you are substantially unable to perform the essential tasks of your employment in the first two years following the accident. After two years, you will be entitled to the IRB only if you are suffering a complete inability to engage in any employment for which you are reasonably suited by education, training or experience.
  • If you were unemployed at the time of the accident, you may claim what is called a non-earner benefit and only if you suffer a complete inability to carry on a normal life. The amount you can recover is $185 per week.
  • If you were a caregiver at the time of the accident, and you purchased optional benefits, your may be entitled to receive the reasonable costs of paying for professional care to a maximum of $250 per week plus $50.00 for each additional child.
  • Medical and rehabilitation expenses covered by an accident benefit claim are to a maximum of $3,500 in cases where you sustain a minor injury. In cases where your injuries are outside the minor injury guideline, you are entitled to receive medical,  rehabilitation, and attendant care expenses up to $65,0000.
  • In cases where you sustain a catastrophic injury, you are entitled to up to $1,000,000 for medical, rehabilitation and attendant care.
  • Death benefits of $25,000.00 are payable to the deceased’s spouse and an additional $10,000.00 to each of the deceased’s dependents.
  • Funeral expenses are paid to a maximum of $6,000.00.
  • Your entitlement to benefits does also depend on whether you purchased optional benefits.

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