For a better understanding of the Accident Benefits system in the province of Ontario, you can read the FAQ section from one of our publications:
❶ Hello Denis! A week ago I was in a car accident. She suffered a knee injury and emotional trauma. The police found me not guilty in the accident. Can I apply for compensation?
Irina K, Toronto You can make a claim regardless of your fault or the severity of your injuries. Moreover, in case of your innocence, you can file the so-called Accident Benefits Claim against your insurance company and Tort Claim against the guilty driver’s insurance company. Emotional trauma is taken seriously and can be grounds for impressive compensation. Sincerely yours, Denis Chubar❷ Good afternoon! I was in a car accident with my wife and two children about a year ago. We had no visible damage at the time of the accident and decided not to make a claim. Recently my daughter started having nightmares where she is a passenger in a car that is being hit by a truck. Is it possible for her at this stage to pay for the treatment of a child psychologist at the expense of the insurance company?
Dmitry K, Etobicoke
Hello Dmitry! By law, you can claim compensation within two years of the accident. In your case, the insurance company will have to pay not only for your daughter’s treatment, but also to offer money for a future medical expense. I can explain the procedure to you in more detail during a free consultation in my office.
Sincerely yours, Denis Chubar
❸ Can I book a consultation with you? Is your consultation paid and is it possible to come to you on Sunday (I work 6 days a week)?
Maria N
I repeat once again, my consultations are free. I have a very flexible schedule, I can see you any day from 9 am to 9 pm. Of course, you need to register in advance.
Sincerely yours, Denis Chubar
❹ Good day! I have a question regarding my case. I was driving my car last Saturday night, lost control and hit a pole. The car was badly damaged, fortunately I pay for two-way insurance and I was paid for the decommissioned car. Obviously I caused the accident. What compensation can I expect?
Arsen K, Scarborough
It is very difficult to determine the amount of compensation without the opinions of doctors and the amount of necessary treatment. At the moment, all claims are divided into three categories:
1) Minor Injury Guideline ($3,500). This amount includes the money that the insurance company pays for your treatment.
2) Claims out of Minor Injury Guideline. In these cases, the insurance company pays up to $50,000 for your treatment and final compensation. (From June 1, 2016 $65,000 including Attendant Care Benefit; author’s note)
3) Catastrophic Impairment. In cases of really severe injuries and damages, the insurance company pays up to $2,000,000. This category includes, among other things, traumas of a psychological nature, as a result of which a person completely drops out of professional and social life. (from June 1, 2016 $1,000,000, including Attendant Care; author’s note)
I would especially like to note that I am talking about Accident Benefits Claim. If you are not a guilty driver or your fault is 25% or less, you can also make a Tort Claim on the driver’s insurance.
Sincerely yours, Denis Chubar
❺ I was crossing the road when I was hit by a bus. Tell me what should I do?
Anton S
Apply for compensation to TTC insurance. Ontario SABS (accident compensation law) applies to: drivers, passengers, cyclists, pedestrians. If you were involved in an accident as a pedestrian, cyclist (collision with a vehicle), driver or passenger, you are entitled to compensation.
Sincerely yours, Denis Chubar
❻ Hi, I had an accident 4 years ago. I never retained any legal representative and proceeded with my claim myself. Six months ago we settled with the insurance on the Full and Final basis, I signed the Release and we closed the claim. Recently, I got my lumbar spine MRI done which showed a disc hernia. Can I open my claim in the light of the new evidence?
Jeffry G, Toronto
Unfortunately, since you signed the Release, you can not re- open your claim. If you had a chance to go through the conditions of the Release carefully, then you would know that signing the Release is waiving your right to sue or dispute. That is why it is really important to find yourself a right lawyer or a paralegal for your insurance claim. Good luck in the future.
Sincerely, Denis Chubar
❼ After a severe accident, my husband suffered a brain injury, as a result, he lost his job and requires constant care. Tell me, what should the insurance company pay for?
Anastasia M
The insurance company must pay Attendant Care Benefit of $6,000 per month, which in total will be $1,000,000 for the entire period (as of June 1st, 2016 only $500,000). Also, she must pay you for the loss of her husband’s income since the accident (more precisely, one week after the accident). until he returns to work, if that happens. I wish a speedy recovery!
Sincerely yours, Denis Chubar
I will help you:
- Receive maximum compensation from the insurance company, regardless of the severity of your injuries or the degree of your fault in the accident;
- fight off or reduce the at-fault determination of the insurance company, if possible;
- receive treatment at the expense of the insurance company;
I take a percentage of the successful closing of your file. I am convinced that any file can be closed and receive compensation from the insurance. Consultation is free.
