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kotak: how to apply for benefits after a car accident

the amount of compensation you are entitled to under ‘no fault’ accident coverage depends on your level of injury, ranging from minor, non-catastrophic and catastrophic injuries.

by nainesh kotak
published jun 26, 2023
read time 3 minute read
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read time 3 minute read
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benefits for catastrophic injuries can amount to $1,000,000
caregiving and housekeeping benefits are only available if you have purchased these optional benefits on your insurance policy. getty
in 2020, there were a total of 101,572 motor vehicle injuries in canada, with 7,868 people suffering serious injuries, according to transport canada. these injuries, which can be devastating and life-altering, are why accident benefits are mandatory across canada, except in newfoundland and labrador. there are two things to keep in mind if you suffer injuries in a vehicle accident and are applying to receive accident benefits. the first is timing. an application for accident benefits must be filed with your insurance company within seven days of the date of the accident — or as soon as is practical. secondly, the level of injury you suffer has a direct correlation to the amount of injury compensation you are eligible to receive. keep in mind these are applicable in ontario — other provinces and territories have their own laws pertaining to auto accidents.

how much compensation are you eligible for?

the amount of compensation you are entitled to under your ‘no fault’ accident coverage depends on your level of injury. there are three categories of injury under statutory accident benefits: minor injuries, non-catastrophic injuries, and catastrophic injuries.
people deemed to have suffered only a minor injury are entitled to the lowest amount of benefits, while accident victims with a catastrophic impairment are entitled to the highest maximum benefits. a minor injury is legally defined as “one or more of a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and includes any clinically associated sequelae (a normal part of the healing process after an injury) to such an injury.” for persons who sustain a minor injury in a car accident, the limit for medical/rehabilitation benefits under a vehicle insurance policy is $3,500.

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by contrast, a person who sustains the higher level of non-catastrophic injury is eligible to receive a maximum of $65,000 in medical, rehabilitation and attendant care expenses.
for catastrophic injuries, there is now a combined limit of $1,000,000 available for medical, rehabilitation and attendant care benefits. under previous regulations, the limit was $1,000,000 for medical and rehabilitation benefits and $1,000,000 for attendant care benefits.

caregiving and housekeeping benefits

an injured person can apply for benefits for loss of income and expenses — but certain benefits, such as caregiving and housekeeping, are only available if these optional benefits have been purchased on their insurance policy.
for medical, rehabilitation and attendant benefits, the duration you are entitled to receive these benefits for non-catastrophic injuries is now five years (in the past it was 10 years), except in cases involving a minor. some examples of medical and rehabilitation benefits include: physiotherapy, chiropractic care, massage therapy, and prescription drug expenses.
people not working at the time of the accident may be eligible for a benefit known as the non-earner benefit, and it is paid after a waiting period of four weeks. this benefit can only be received for up to two years after the accident.
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finally, injured people who do not have their own insurance may be entitled to claim benefits from the companies insuring the other vehicles involved in the accident.
 
nainesh kotak, is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he also serves as the chair of the long-term disability section of the ontario trial lawyers’ association.
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