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Guelph, ON N1H 6N6

Phone: 519 837 2100
Fax: 519 837 1617

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Email: guelphinfo@smithvaleriote.com

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265 Bridge Street
Fergus, ON N1M 1T7

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Fergus, ON N1M 2W7

Phone: 519 843 1960
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Email: fergusinfo@smithvaleriote.com

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Smith Valeriote Lawyers Blog | Smith Valeriote LLP Law Firm Guelph

10 Things You Need to Know About Accident Benefits

10 Things You Need to Know About Accident Benefits

  1. If you have been injured in a car accident you are entitled to Accident Benefits

    Accident Benefits provide no fault coverage to insured persons injured in car accidents, through the provincially regulated Statutory Accident Benefits scheme.  These benefits apply regardless of fault and include various forms of compensation for you, your passengers, pedestrians, and or cyclists. 

  2. You do not have to be in the vehicle to be entitled to Accident Benefits

    If you sustained injuries in an accident that arose directly out of the use or operation of an automobile, you are entitled to accident benefits. This includes single car collisions, pedestrians or cyclists injured by a motor vehicle, and injuries sustained entering or exiting the vehicle. 

  3. You do not have to have your own vehicle or insurance policy

    If you have been injured in a car accident and do not have a policy of insurance, you may still be covered through another party’s insurance or through the Motor Vehicle Accident Claims Fund. 

  4. There are several types of benefits you may be entitled to

    Accident Benefits are intended to provide immediate assistance to those who have been injured in a car accident.  The scheme provides for a number of different types of benefits such as income replacement benefits, medical and rehabilitation benefits, attendant care benefits, and lost educational expenses. 

    For more details about the benefits you may be entitled to, please visit:

    http://www.smithvaleriote.com/services/details/personal-injury-law/accident-benefits 

  5. Accident Benefits are not paid automatically

    In order to receive Accident Benefits, you must apply for them.  To do so, you must complete an initial application and then apply for each specific benefit via different forms with various supporting documentation.  These forms can be complicated; a personal injury lawyer can help to ensure these forms are properly completed. 

  6. There are timelines to submit applications for Accident Benefits

    You should notify your insurer that you have sustained injuries in a car accident within 7 days of the collision. Once you have reported your injuries, your insurer will provide you with an Application for Accident Benefits (OCF-1 form).  You will have 30 days from the date of receipt to complete and submit the form to your insurer. If you do not submit the application form within 30 days you must provide a reasonable explanation for the delay. 

  7. Where you can find Accident Benefits Forms

    If you do not want to wait for your insurer to send you the Application and Claim Forms you may go to:

    https://www.fsco.gov.on.ca/en/auto/forms/pages/ocf_forms.aspx

     These forms can be confusing. A personal injury lawyer can assist you with completion of the forms and help you understand the requirements for entitlement to the various benefits. 

  8. Your premiums will not go up for making an Accident Benefits claim

    A substantial portion of your insurance premium goes directly to Accident Benefit coverage.  You will be accessing benefits for which you have paid. This means that your insurance premiums will not go up simply by virtue of making a claim for Accident Benefits.  There are other circumstances in which your premiums may go up; such as, if you were at fault for the collision. 

  9. Disqualifying Circumstances

    An insurer is not required to pay income replacement benefits, non-earner benefits and certain other benefits for the following reasons:

    • if the driver knew they were operating the automobile while it was not insured;
    • if the driver was driving the automobile without a valid driver’s license;
    • if the driver is an excluded driver under the contract of automobile insurance;
    • if the driver knew they were operating the automobile without the owner’s consent;
    • anyone who made or knew about a material misrepresentation that induced the insurer to enter into the contract of insurance or intentionally failed to notify the insurer of a change in a risk;
    • anyone who knew that the driver was operating the automobile without the owner’s consent;
    • anyone engaged in an act for which the person is convicted of a criminal offence at the time of the accident; or
    • anyone who was an occupant of an automobile that was being used in connection with an act for which the person is convicted of a criminal offence

       

  10. 10.When to call a lawyer

If you have been injured in a car accident you should contact a personal injury lawyer immediately.  By doing so, you are protecting the rights of yourself and your loved ones.

You may also want to contact a personal injury lawyer to help you navigate the Accident Benefit Claim forms.

Finally, it is important to contact a lawyer if you have been denied specific benefits under the Accident Benefits scheme. 

For more information on Accident Benefits, please call 519-836-6849 to arrange a free, 1-hour consultation appointment.

 

SmithValeriote Law Firm LLP, Guelph’s Personal Injury Lawyers

The content of this article is intended to provide a general guide to the subject matter and is not legal advice. Specialist advice should be sought regarding your specific circumstance.

Date:
2015.01.19

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SmithValeriote Law Firm LLP has 30 lawyers servicing the province of Ontario including the communities of Waterloo, Kitchener, Fergus, Cambridge, Elora and Guelph.

Smith Valeriote - Map to Guelph Offices

Guelph Office

105 Silvercreek Pkwy. N.
Suite 100 Guelph, ON N1H 6S4

Phone: 519 837 2100
Fax: 519 837 1617

Toll Free: 1 800 746 0685

Email: guelphinfo@smithvaleriote.com

Smith Valeriote - Map to Fergus Offices

Fergus Office

265 Bridge Street
Fergus, ON N1M 1T7

Phone: 519 843 1960
Fax: 519 843 6888

Toll Free: 1 800 746 0685

Email: fergusinfo@smithvaleriote.com