Do Rules of Fault Determination Affect Accident Benefits And Insurance Claims?

Injury Lawyer Motor Vehicle Accidents

If you have been injured in a pedestrian, cycling, motor vehicle or just about any accident out there, you are capable and entitled to filing for Ontario Accident Benefits with the insurance company, regardless of whether you are at fault or not. This is due to the fact that there is the so-called “No fault” rule which is set forth in the “Rules of Fault Determination” in the Insurance Act of Ontario. If you plan on going after the other driver for your pain and suffering compensation or for any other expenses out there, you must file your claim through your own insurance company first.

With this in mind, you should understand that relying on professional personal injury lawyers is absolutely critical for this to work as intended. There are quite a lot of different accident benefits that you can seek, so let’s take a look at some of them.

Income Replacement Benefits

Income replacement benefits are capable of covering up to 70% of the net income that you used to receive before the accident. The maximum amount, however, is $400 per week. This is provided by your basic coverage so keep in mind that if you’ve subscribed for additional optional coverage, the income replacement benefits could be higher. However, you might need to check with a good lawyer before you file the claim.

Non-earner benefits

This is designated towards those people who haven’t been employed at the time of the accident. In order to protect them as well, the law has set aside a maximum of $185 per week for those people. They need to be diagnosed with a complete inability to move forward with their regular life in order to qualify for these benefits. The doctors’ reports and treatments are vital evidence when proving the disability and injuries.

There are also quite a lot of optional benefits such as caregiver benefits, for instance. This can get to as much as $250 per week if you were the primary caregiver as per your own insurance. Now, you should also be aware that there is an institute of election of benefits. With this in mind, it is possible that you qualify for more than one particular benefit and if that’s the case, you should go ahead and choose the one that you prefer.

However, keep in mind that these are all related to complicated filling and filing of complex files with the insurance companies, undergoing careful procedural rulings and whatnot. It is definitely far better if you relied on someone with the necessary experience to handle this for you. Using the services of a professional personal injury lawyer in Oakville in Ontario is also going to ensure that you are awarded the maximum and optimal amount of the compensation. This is going to ensure that your interests are properly represented and that there is nothing that the insurance company is cutting off.

14,411 thoughts to “Do Rules of Fault Determination Affect Accident Benefits And Insurance Claims?”

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