Accident Benefits and Personal Injury Claims
Unfortunately, the fact is that car accidents can occur. If you have been seriously injured in one, you may be eligible for two different kinds of cases: a tort claim and an accident benefits claim. In this video, lawyer and litigator Ben Azimi discusses accident benefits.
Accident benefits are meant to provide you with financial relief during recovery. They are covered under every standard auto insurance policy and regulated by the Statutory Accident Benefits Schedule (or “SABS”). If you are a passenger, pedestrian or cyclist involved in the accident and you do not hold auto insurance, you can file under the policy of the driver or under the policy of the at-fault driver. You may be entitled to accident benefits, whether or not you are at fault in the accident. You are not automatically sent accident benefits, but have to apply for them. The time to apply for them is as soon as possible after the accident.
The main types of accident benefits are income replacement benefits (or “IRBs”), attendant care benefits (or “ACBs”) and medical-rehabilitation (“med-rehab”) benefits. There may also be optional benefits, depending on the wording of your policy. The purpose of IRBs is to compensate you for lost wages during your recovery; of ACBs is to cover the expense of hiring an aide; and of med-rehab benefits is to cover the expenses or medical care and rehabilitation.
There is a complex set of statutory rules governing eligibility for accident benefits, the quantum and duration of payment, and the forms required for applications. You can represent yourself, but a lawyer can offer you their knowledge and experience of the rules and processes to help get you fair and reasonable benefits.
Azimi Law has published many articles about accident benefits on its website. Please check out our website if you wish to learn more.