Understanding Your Eligibility for Benefits
If you are injured in an automobile accident in Toronto, you may be entitled to benefits under the Accident Benefits Statute of the Ontario Insurance Act. When you call your insurance company to report the accident, you must tell them that you want to apply for benefits. Your insurance company will send you a packet of paperwork that must be returned within 30 days or as soon as possible.
Steps to Apply for Accident Benefits
In a previous article, we talked about the benefits that are available to victims of a car accident. Regardless of who was at fault for the accident, your own insurance company will pay you benefits. If you do not have an insurance policy, a packet of documents should be requested from the owner of the car.
If none of the above options work for you, send the documentation package to the insurance company of the person who owns the car in which you were injured. If you were a pedestrian, your claim will be sent to the insurance company that insured the car that hit you. If you were injured by an uninsured motorist, call the Motor Vehicle Accident Claims Fund at 1.800.268.7188. If you did not have insurance, you can still apply to the Motor Vehicle Accident Claims Fund for medical rehabilitation benefits only.
Important Documents and Information to Keep
Retain Copies of Medical Reports
It is also important to keep copies of all medical reports and tests you undergo after the accident. Keep a diary of the treatments, activities, and symptoms you experience while recovering from the accident. This will be important if you decide to contact an attorney to seek compensation for your injuries.
When to Contact a Lawyer
If your insurer denies payments and you feel that the approved benefits or treatment are inadequate for your needs during your recovery, you can contact a lawyer to review your rights. A law firm can advise you on whether your level of accident benefits will be sufficient for your recovery, whether there may be other types of care or treatment that your insurer should fund, and ensure that you are treated fairly.
Challenges and Solutions in Handling Paperwork
Depending on the nature of your injury, you may find it difficult to deal with all that paperwork. “Recovery from a brain injury can occur as, in some cases, other areas of the brain compensate for damaged tissue, or the brain learns to redirect information and function to bypass the damaged areas. The exact amount of recovery cannot be predicted at the time of injury and may not be known for months or even years. Each brain injury and rate of recovery is unique. Recovery from a severe brain injury often involves a long or lifelong process of treatment and rehabilitation. Pain, sleep disturbances, psychological issues, and brain injuries can be a barrier to an injured person acting on their own behalf and filing the correct paperwork.
You may need additional benefits to ensure optimal medical care and a fuller recovery. You and your family may be able to access additional resources if your recovery takes longer than expected. Advocates can review your treatment with you and provide access to treatment and services not covered by OHIP.
Lawyer Recommendations for Applying for Benefits
Let’s ask lawyers what they recommend you do when applying for Toronto car accident insurance benefits:
Obviously, when you’ve been hurt and are trying to recover, replace your car and get your life together, the last thing you want to do is fill out a lot of paperwork. The problem is that if you don’t file for accident benefits, it will affect your ability to make a claim against the at-fault driver, and if you don’t get the recommended treatment, it will be held against you because you have a duty to limit your damages or, in other words, take steps to promote your own recovery. In addition, an early evaluation will help decide whether you have access to the full $50,000 medical benefits under the policy or whether you are limited under the Minor Injury Guidelines (MIG) or, in more serious cases, whether you qualify for extended coverage for “catastrophic” claims. The MIG limits your treatment from the $50,000 you paid over ten years to $3,500. All of these decisions often require help and advice. If you are unsure, consult with one of Toronto’s many good lawyers.
Call a local Toronto law firm such as Car Injury Lawyer Near Me to discuss your options. There is no obligation and the first meeting will be free.
