Summary of Accident Benefits Available

Most people who are injured in a car accident have no idea what their rights are or what benefits they might be entitled to receive.

This is a summary only. It is always a good idea to speak with a lawyer who specializes in accident claims to make sure that you are getting the benefits you deserve. Since September 2010 there are three types of injuries under the current Statutory Accident Benefit regime (SABS). These are the minor injury guideline (“MIG”), catastrophic impairment claims (“CAT”) and all other claims.

For car accidents after September 1, 2010 the following benefits are available to accident victims who meet certain requirements but are not catastrophically impaired but who are also not suffering from predominately minor injuries:

• Up to $50,000 in medical and rehabilitation benefits payable over 10 years following the accident;

• Attendant care benefits to a maximum of $3,000 per month (up to a maximum of $36,000). These benefits are only payable for the first 104 weeks following the accident or until $36,000 is used up, whichever happens first;

• Income replacement benefits up to $400 per week or 70% of weekly pre-accident gross income, whichever is less. These benefits are payable to age 65 with a reduced benefit thereafter. It is important to note that these benefits are more difficult to get after two years;

• Lost educational expenses of up to $15,000;

• Visitor expenses for 104 weeks following the accident;

• A non-earner benefit of $185 per week if the injured person was not working at the time of the accident and now suffers a complete inability to carry on a normal life. Unfortunately, there is a six month waiting period before you can qualify for this benefit. This benefit is payable up to age 65 with a reduced benefit thereafter; and

• Reimbursement for damaged clothing, glasses, hearing aid, etc.

It is important for anyone who is injured in a car accident to seek legal advice, even if they think they were at fault for the accident. At McNally Gervan LLP our lawyers make sure that insurers pay the benefits our clients entitled to and are glad to provide free consultations to accident victims and their families who have questions.