In legal terms, accidents are rarely “accidental.” They’re generally caused by someone’s fault or negligence and with a deeper level of investigation, they can be traced to a violation or breach of safety norms.

Ontario laws entitle all those injured in motor-vehicle accidents to apply for no-fault insurance, payable by their own insurers. This is deemed to be regardless of fault.

However, the entire system is complex and rife with complicated legal, medical and insurance issues. Many lawyers themselves may find it difficult to understand the provisions of the No-Fault insurance system, unless they practice personal injury law and have experience in dealing with such cases, either as plaintiffs’ or defendants’ lawyers.

Insurance companies and claims-adjusters are well-versed with the regulations, amendments, revocations etc in the Statutory Accident Benefits Schedule (SABS) but these can pose a challenge for those unfamiliar with such issues.

Important Aspects of No-Fault Insurance

• You are eligible for No-fault insurance provided there is no policy breach
• It is payable by your own insurer, regardless of whose fault it was, even your own
• If the injured person did not carry insurance at the time of the accident, another insurer may be duty-bound to honor the claim, failing which the Ontario Motor-vehicle Accident Claims Fund must make the settlement
• No-Fault benefits provide coverage for income-replacement, out-of-pocket expenses, medical and rehabilitation expenses, attendant care and non-earner benefits
• It does not cover pain and suffering – this has to be achieved through filing a tort or personal injury suit against the at-fault party
• Tort claims for pain and suffering have to meet a “minimum threshold” and are subject to deductibles
• In a court trial, the jury is not aware of such deductibles

Some Tips On Submitting the Paperwork

It’s important to remember that there are specified time-limits within which the paperwork must be submitted to get No-Fault insurance benefits. Hence, it’s wise to consult a Bolton personal injury lawyer immediately. If you’re seriously injured or immobilized, a trusted family-member can assist you in getting the right legal advice.

• Don’t wait for your insurer to send you the SABS package. You can download the forms from the Financial Services Commission of Ontario website
• There are different forms for different types of claims, for instance, the Non-earner benefit or Income replacement benefits, etc and you may need the help of an experienced Belleville personal injury lawyer to help you fill them
• You need to attach all relevant receipts along with your claim. These include parking-lot fees, replacement of broken glasses/dentures, damaged clothing, out-of-pocket expenses etc.
• Be completely honest while filling forms. Don’t exaggerate your injuries, or give information that cannot be validated in the sections that ask you about how the accident happened. If you’re unsure of technical/legal/medical terms, don’t use them
• Submit the paperwork as soon as possible, but preferably only after your experienced Bolton car accident lawyer has gone through them.

No-Fault benefits may not cover all your present and future medical and financial needs. Hence, it’s also important to file a personal injury suit, within the prescribed time limit.