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What benefits am I entitled to after a car accident?

Posted on 02 Feb'13 in

Income Replacement Benefit

  • You must have been employed at the time of the accident OR you were previously employed for 26 weeks during the 52 weeks prior to the accident.
  • You will earn 80% of your net income, to a maximum of $400 per week.
  • The benefit is paid for the first 104 weeks of disability unless you are suffering a complete inability to engage in any employment.

Non-Earner Benefit

  • You must suffer a complete inability to carry on a normal life within 104 weeks after the accident and you are unemployed.
  • A student will earn $185 per week during the first 104 weeks and $320 per week thereafter. All others will continue to earn $185 per week
  • Payments start 6 months after the accident.

Caregiver Benefit

  • You must have been the primary caregiver and living with a person who was in need of care at the time of the accident and you were not paid for your services.
  • You will earn $250 per week.

Medical and Rehabilitation Benefits

  • Your insurer must pay for a wide range of your medical and rehabilitation expenses to a maximum of:
  • $100,000 for up to 10 years.
  • $1,000,000 for life if you suffer a permanent impairment.

Attendant care benefits

  • Are available for reasonable and necessary services provided by an aide or attendant to a maximum of:
  • $3,000 per month for up to 2 years
  • $6,000 per month for life if you suffer a permanent impairment.

Death and funeral benefits

  • If you died as a result of the accident or because of disabilities associated with it, the insurer must pay:
    • $25,000 to your spouse.
    • $10,000 to each of your dependants.
    • $10,000 to each former spouse that you were obligated to support under a court order or domestic contract.
    • $10,000 to a person that you were dependent upon.
  • Your family will also be entitled to a maximum of $6,000 for funeral expenses.

Education benefits

  • You are entitled to a maximum of $15,000 if you were enrolled in school at time of accident and cannot continue.

Housekeeping and home maintenance

  • If you cannot perform housekeeping and home maintenance, then you are entitled to a maximum of $100 per week for up to 104 weeks if your injury is not permanent.

If you have purchased additional coverage with your insurance, these limits may be exceeded. Your insurance company will want to give you as little as possible under your insurance policy. They may tell you that you are not entitled to certain benefits or they might pay less than you feel you deserve. If you believe your insurer is wrong, Mann Law will support you to get you the benefits to which you are legally entitled.

Disclaimer: The above article is not a legal opinion as every case is different and is only for general awareness. Please contact us for specific questions and legal advise.