Accident benefits provide a death benefit and funeral benefit, regardless of who's at fault

December 15, 2014, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Waterloo Region Record reported on a single car crash that occurred on December 14 on Frederick Street in Kitchener.  A car, travelling on Frederick Street at 2:30am, hit a tree and then hit a duplex on Frederick Street.  A woman who was a passenger in the car at the time of the accident died as a result of her injuries suffered in the car accident.  The driver of the car was not seriously hurt in the car accident.  The Waterloo Regional police investigated the car accident and determined that alcohol and speed were a factor leading to the car accident.  The driver was charged with impaired operation of a vehicle causing death and dangerous driving causing death.  Firefighters and paramedics also attended on the scene.  Firefighters had to assist the driver of the car by cutting the car to free the driver.

In a single car accident, all persons hurt in the car accident are entitled to receive accident benefits, including income replacement benefits and medical and rehabilitation benefits, regardless of who is at fault for the car accident.  All car accident benefits are available to the injured parties, except for certain situations that are outlined as exclusions under s.31 of the Statutory Accident Benefits schedule.  Where a person at the time of the car accident is engaged in an act where person is convicted of a criminal offence, then the person is not entitled to receive an income replacement benefit.  All other medical and rehabilitation benefits, including attendant care benefits, are available to the injured person. 

Where there is a fatality as a result of the car accident, then a death benefit and funeral benefit can be paid on behalf of the deceased person.  The spouse of the deceased person is entitled to a death benefit of $25,000.00.  A further payment of $10,000.00 is made to each of the deceased person’s dependents.  Interestingly, if the deceased person had more than one spouse who is entitled to payment, then the payment of $25,000.00 shall be divided equally among them.  A funeral benefit not exceeding $6,000.00 is provided for funeral expenses. 

Posted under Accident Benefit News, Automobile Accident Benefits, Car Accidents, Drunk Driving Accidents, Fractures, Treatment

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About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit or call us toll-free at 1-866-414-4878.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.

Practice Areas

  1. Car accidents
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  5. Fractures or broken bone injury
  6. Pedestrian accidents
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  11. Nursing Home Fatality Claims

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