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Person hurt in single car accident entitled to medical benefits regardless of fault.

November 27, 2014, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The New Hamburg Independent recently reported on a serious single car accident involving a Wilmot man in Waterloo Region.  The single vehicle accident happened on Erbsville Road at Bisch Road in Waterloo on November 26 at 2am.  The driver of a 2007 Toyota Corolla lost control of his car and rolled and hit a hydro pole.  The accident knocked down the hydro pole and several power lines.  The car driver suffered serious injuries and was taken by air ambulance to a trauma centre.  At the time that the story was printed, there was no information regarding what were the factors in causing the car accident.

In Ontario, regardless of who is at fault for an accident, all parties that are hurt in an accident are entitled to accident benefits provided from their own insurer.  If you do not have your own motor vehicle insurance coverage, then you will be entitled to receive accident benefits through another insurance policy that is connected to you. For example, if you are a child, then you will be entitled to accident benefit coverage through your parents or guardian.  If you are an adult pedestrian or bicyclist, and you are struck by a car or truck, and you do not have your own auto insurance, then you will be able to claim for accident benefits under the policy of the car or truck that struck you.  Even if you were struck by a hit and run vehicle, and did not have access to your own auto insurance policy, you would still be able to access accident benefits through the Ontario Motor Vehicle Accident Claim Fund.  The level of benefits for medical and rehabilitation treatment varies.  If your injuries are considered to be minor in nature, like a sprain or strain, then you may fall under the Minor Injury Guideline (MIG) and then only entitled to $3,500.00 in benefits.  If you have a more serious injury, like a fracture, or you have aggravated a pre accident condition, then you may be taken out of the MIG and be entitled to $50,000.00 in approved benefits.  For those that are the most seriously injured, and deemed to be Catastrophically Impaired, are entitled to medical and rehabilitation benefits in the amount of $1million and attendant care benefits of $1million.  There are specific rules regarding which level of benefits you will be entitled to and they are outlined in the Statutory Accident Benefits Schedule (SABS).  In addition to medical and rehabilitation benefits, you may also qualify for income benefits.  These include income replacement benefits where you are unable to work, or non-earner benefits where the injuries have rendered you completely unable to carry on a normal life.  You should consult with a personal injury lawyer as soon as possible to obtain an assessment of what level of benefits you are entitled to receive. 

Posted under Automobile Accident Benefits, Car Accidents, Catastrophic Injury, Drunk Driving Accidents, Fractures, Minor Injury Guidelines, Pedestrian Accidents, Personal Injury, Slip and Fall Injury, Treatment, Truck Accidents

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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 www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
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  4. Catastrophic injury
  5. Brain or Head injury
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  8. Drunk driving accidents
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  10. Post Traumatic Stress Disorder
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  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement
  10. Fibromyalgia
  11. Nursing Home Fatality Claims

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