Over the last several decades, motor vehicle accident litigation in Ontario has become exceedingly complex. There are restrictions to the right to sue, strict time limits, which must be complied with and various steps that must be taken as a pre-condition to bringing a claim. In addition, one must navigate through a complex set of Regulations and Forms to apply for and receive Statutory Accident Benefits (no–fault benefits). At the same time, insurance companies defend these claims vigorously and scrutinize the legitimacy of your claims in an adversarial system.
There are other complicating factors, which have to be dealt with by an experienced lawyer. These include situations where the at-fault driver is unknown, as in a hit and run accident, or where you are injured by a driver who does not have insurance or is not adequately insured to cover the losses you and your family have suffered.
At Horowitz Injury Law, our team has the expertise and proven track record of success to ensure that you and your family receive all the compensation you are entitled to under the law. We will always make every effort to resolve your claims out of court through forms of alternative dispute resolution, like mediation. However, if that is not possible, you will have the benefit of our 30+ years of experience and expertise in taking your case to trial.
The compensation system in Ontario for a motor vehicle accident is complicated. Below you will find a brief outline of some of the claims you and your family may be able to make depending on your circumstances. It is provided to you for information purposes. If you or a loved one has been seriously injured or died in a motor vehicle accident, please contact us and we would be pleased to meet with you to discuss the facts of your case and advise of you of your legal options.
Statutory Accident Benefits
For Motor Vehicle Accidents which Occurred on or after June 1, 2016
To reimburse you for:
- Attendant Care Expenses to pay for the cost of providing an aide to care for you and Medical and Rehabilitation Expenses to pay the cost of reasonable expenses for treatment, medications and other forms of therapy. In the case of a minor injury, as defined by the SABS, there is no Attendant Care Benefit payable and there is a maximum benefit of $3,500.00 for Medical and Rehabilitation Expenses. In the case of a non-catastrophic impairment, the benefit amount for Attendant Care is a maximum of $3,000.00 per month for up to 5 years. There is, however, a maximum combined Attendant Care and Medical and Rehabilitation benefit of $65,000.00 for up to 5 years;
- In the case of a Catastrophic Impairment, as defined by the SABS, there is a maximum monthly Attendant Care benefit of $6,000.00, with a combined lifetime limit of $1,000,000.00 for Attendant Care and Medical and Rehabilitation Expenses;
- Housekeeping and Home Maintenance Expenses. There are no housekeeping expenses payable for cases involving minor injuries or non-catastrophic impairments. The benefit amount is a maximum of $100 per week for life in the case of a catastrophic impairment;
- Case Management Services to assist in the co-ordination of your treatment and care after you leave the hospital in the case of a catastrophic impairment; and,
- Funeral and Death Benefits.
- You may also qualify for one of the following weekly benefits, depending on your circumstances:
You may also qualify for one of the following weekly benefits, depending on your circumstances:
- Income Replacement Benefits paying 70% of your gross income up to $400 per week;
- Caregiver Benefits of $250 per week for the first person in need of care plus $50 per week for each additional person in the case of a catastrophic impairment; or
- Non-earner Benefits in the amount of $185 per week, which is not payable for the first four weeks after the accident and is payable for up to two years.
The benefits outlined above are subject to the purchase of different types of optional coverage, which may change the amount and type of benefit you may be entitled to claim.
With the amendments to the SABS on June 1, 2016, it is more important than ever to consult with a lawyer at Horowitz Injury Law to determine your options and review which benefits apply to your particular case.
For Motor Vehicle Accidents which occurred between September 1, 2010 and May 31, 2016
To reimburse you for:
- Attendant Care Expenses to pay for the cost of providing an aide to care for you. In the case of a minor injury, as defined by the SABS, there is no Attendant Care Benefit payable; The benefit amount is a maximum of $3,000.00 per month for up to two years with a maximum benefit of $36,000.00 in the case of a non-catastrophic impairment; The benefit amount is a maximum of $6,000.00 per month up to a lifetime maximum of $1,000,000.00 in the case of a catastrophic impairment;
- Medical and Rehabilitation Expenses to pay for the cost of reasonable expenses, including physiotherapy, medication and other forms of therapy. In the case of a minor injury as defined by the SABS, there is a maximum benefit of $3,500.00; The benefit amount is a maximum of $50,000.00 with a maximum benefit period of ten years for a non-catastrophic impairment; The benefit amount is a $1,000,000.00 lifetime maximum in the case of a catastrophic impairment;
- Housekeeping and Home Maintenance Expenses
There are no housekeeping expenses payable for cases involving minor injuries or non-catastrophic impairments. The benefit amount is a maximum of $100 per week for life in the case of a catastrophic impairment;
- Case Management Services to assist in the co-ordination of your treatment and care after you leave the hospital in the case of a catastrophic impairment; and,
- Funeral and Death Benefits.
You may also qualify for one of the following weekly benefits, depending on your circumstances:
- Income Replacement Benefits paying 70% of your gross income up to $400 per week;
- Caregiver Benefits of $250 per week for the first person in need of care plus $50 per week for each additional person in the case of a catastrophic impairment; or
- Non-earner Benefits in the amount of $185 per week, which is not payable for the first 26 weeks. The benefit is payable for life at the rate of $320.00 after 104 weeks.
The benefits outlined above are subject to the purchase of different types of optional coverage, which may change the amount and type of benefit you may be entitled to claim.
Compensation from the At-Fault Driver
You may have a right to claim compensation from the driver who caused the accident if you have suffered a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function. If your injuries meet the threshold you may have a right to claim compensation from the at-fault driver, for:
- Pain and Suffering;
- Loss of Enjoyment of Life; and,
- Loss of Amenities.
Your claim for pain and suffering and other non-pecuniary damages is subject to a $39,556.53 monetary deductible in 2020, which increases in each subsequent year by the consumer price index, unless your claim is valued in excess of $131,854.01, which will also be indexed.
You may also have the right to claim compensation for:
- Past and Future Loss of Income;
- Other Expenses you have incurred as a result of the accident; and,
- Other Family Member’s Claims’ for expenses and compensation for the loss of care, guidance and companionship they have suffered by reason of your injuries.
