A car accident in St. Catharines can result in catastrophic injuries. Accident victims may have difficulty paying their medical bills and other expenses during a lengthy recovery period. If you are in this situation, it is important to know that you might be entitled to Statutory Accident Benefits (SABS) under the Insurance Act. These benefits help pay for expenses not covered by the Ontario Health Insurance Plan (OHIP).
What Are Statutory Accident Benefits (SABS) for a Car Accident in Ontario, Canada?
The purpose of SABS is to allow accident victims to obtain prompt medical treatment by providing prompt financial relief after a car accident. Accident Benefits are available through your insurance policy or the insurance coverage for the vehicle you were riding in as a passenger. Pedestrians may claim Accident Benefits through the insurance policy for the vehicle that hit them.
Several benefits are available under Statutory Accident Benefits. Benefits you might be entitled to receive include:
Income Replacement Benefits
If you were working before the car accident and you cannot work now because of your accident injuries, you might be able to receive Income Replacement Benefits. The benefits do not replace all your lost wages. However, you could receive 70% of your gross income up to a maximum of $400 per week.
Your St. Catharines car accident lawyer can pursue a personal injury claim against the at-fault driver under tort law. In a personal injury case, you can seek full reimbursement of all lost wages, including future loss of income and decreased earning capacity.
Non-Earner Benefits
If you were not working before the accident, you may still be entitled to some benefits if your injuries prevent you from functioning normally in everyday activities. The injuries must prevent you from participating in normal activities. If so, you may receive $185 per week.
However, insurance providers challenge claims for Non-Earner Benefits. Your St. Catharines personal injury lawyer may need to retain a medical expert to testify that the severity of your injuries significantly impairs your ability to function in daily life.
Medical and Rehabilitation Benefits
If you have medical bills that OHIP does not cover, you may receive benefits to cover these costs. Medical and Rehabilitation Benefits cover services such as psychological treatment, physiotherapy, chiropractic care, and occupational therapy.
If you have disability insurance or private insurance that pays for these services, you will need to exhaust those benefits before receiving Medical and Rehabilitation Benefits through SABS.
Care Giver Benefits
You may receive Care Giver Benefits if you were the caregiver for a dependent person prior to the accident and your injuries prevent you from providing full-time care. These benefits are mostly optional unless you sustain a catastrophic impairment.
Attendant Care Benefits
Attendant Care Benefits pays for an attendant in your home or a healthcare facility. You may need to prove that your injuries are severe enough to require an attendant. These benefits are capped along with medical and rehabilitation benefits.
Attending an Examination Under Oath for SABS Benefits?
When you file a claim with the insurance company for SABS benefits, the company may require you to attend an examination under oath. This examination occurs in a conference room and consists of the insurance company asking you questions, which you must answer under oath. A court report transcribes the examination. Your benefits could be denied if you refuse to cooperate with the examination.
Even though you must cooperate with an examination under oath, it does not mean you do not have rights. For example, you have the right to have a lawyer present with you during the examination. Because you are providing testimony under oath, it is wise to seek legal advice from a St. Catharines car accident lawyer before appearing at an examination under oath.
Minor Injuries vs. Catastrophic Injuries for SABS Benefits
There are special guidelines if you sustain minor injuries that limit your Statutory Accident Benefits. Insurance companies routinely place injury claims into this category to limit the amount of SABS benefits they must pay. If the insurance company tells you that your injuries fall under the Minor Injury Guidelines, talk with a lawyer about your case.
If you sustain a catastrophic injury, your SABS fall under another category. However, the criteria for a catastrophic impairment designation can be incredibly complicated. If you sustain an impairment because of a car accident, it is wise to speak with a personal injury lawyer immediately about Statutory Accident Benefits. The insurance company might fight your claim, but it is worth fighting to obtain the higher benefits allowed for catastrophic injuries.
Seeking Legal Advice for a Car Accident Claim in St. Catharines, ON
If you are injured in a car accident in St. Catharines, you could be entitled to several types of compensation and benefits. The best way to protect your rights is with the help of a St. Catharines car accident lawyer. Schedule a free consultation with Findlay Personal Injury Lawyers to discuss your case, or contact us at (905) 522 9799.