Will My Dependents Be Covered After An Auto Accident?

The Statutory Accident Benefits schedule states a list of available mandatory accident benefits that an insured is entitled to. It defines ‘an insured entity’ as someone who is principally dependent for care or financial support on the insured or his/her partner. One of the questions many people have when a car crash occurs that involves different family members is whether the dependents will be covered by the auto insurance policy.

Who Is And Who Isn’t A Dependent?

Determining who is and who isn’t a dependent for auto insurance purposes can be quite confusing. For instance, to be eligible for no-fault accident benefits, you do not have to be an occupant of the car. Pedestrians and cyclists who were involved in the accident and sustained injuries as a result, can also be covered. Additionally, family members who were not involved in the accident may also be entitled to no-fault accident benefits. If the family member is proven to have suffered a psychological or mental injury as a result of the accident, he/she can be entitled to the no-fault accident benefits.

When Should You Apply For Benefits?

When involved in an auto accident, it’s important to apply for benefits immediately before the deadline. In fact, the law requires that you notify the insurance company within 7 days from the day of the accident. As soon as you notify the insurance company that you wish to apply for benefits, they should promptly give you the application forms. The completed forms must be submitted within 30 days after receiving them from your insurer. Should you miss the deadline of 30 days, the insurance company may accept the late application provided you had a reasonable explanation for the delay. Benefits cannot be paid unless the applications are completed and sent to the insurance company for approval. It is always wise to seek for legal advise from accident benefits lawyer in order to avoid costly mistakes on applications.

What Kind Of Expenses Will The Insurance Company Pay For?

You are entitled to settlement for all the reasonable expenses incurred as a result of the accident. This includes medical and hospital costs, psychological evaluation, occupational therapy, medical aids and devices, transportation to and from treatment sessions, social rehabilitation and home renovations or vehicle modifications that were needed as a result of the impairment.

There are limits to what you can receive for medical and rehabilitation expenses. For instance, if you sustained minor injuries, you may be eligible for up to $3500 in medical and rehabilitation services. For the more serious and permanent injuries, you are eligible for up to $50,000 for up to 10 years after the car accident occurred. Some individuals who purchased optional coverage may have up to $100,000 payout for major injuries.

What Steps Should You Take To Claim Benefits?

If you’re having difficulties recovering benefits you are entitled to following a car accident, a lawyer can be of great help. An experienced auto accident lawyer can help enforce the payment of these benefits to ensure you are adequately compensated. A lawsuit must commence within 2 years from the time the insurance company failed to pay the benefits hence it’s important to consult a lawyer immediately.


Call Grillo Law for a FREE consultation.

Remember, you will not pay any fee until your case is won or settled.

E-mail: info@grillo.ca
PH: 416 614 6000

38 Apex Road, Unit A
Toronto, Ontario, CANADA
M6A 2V2

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