What is no-fault insurance?
In Ontario, you are entitled to “accident benefits” if you are injured in an automobile accident. This is referred to as “no-fault” because the benefits are paid regardless of who is at fault for the accident. This is a system which eliminates the need for the injured person to wait for compensation while the insurance companies debate about who is at fault.
If you’re injured in a car accident, you can apply for accident benefits from your own insurance company and they will cover your medical expenses, rehabilitation and some of your lost income – no matter who caused the crash. This can give you quick access to treatment and financial relief but there are caps and limits. It does not cover your pain and suffering or the full extent of your losses. If your injuries are severe, you have the right to pursue additional compensation by filing a lawsuit against the at-fault driver or parties.
The types of accident benefits you may be entitled to after an accident include:
- Income replacement benefits
- Non-earner benefits
- Caregiver benefits
- Medical and Rehabilitation benefits
- Attendant care benefits
- Other expenses: lost educational expenses, out of pocket expenses, lost items
- Death and funeral benefits
You can claim these no-fault benefits by making an application to your own insurance company and if you do not have insurance, the driver at-fault’s insurance company. If no insurance is available to you, a claim can be made through the Motor Vehicle Accident Claims fund.
Hiring an experienced personal injury lawyer after an accident increases your chances of securing the full no-fault benefits you deserve.