If I am at fault for the accident, am I still entitled to any benefits?
If you were responsible for an accident in Ontario – whether you struck another vehicle, pedestrian, or even a cyclist, you are still entitled to receive support in the form of Statutory Accident Benefits.
You might be wondering, what are Statutory Accident Benefits (SABS)? SABS is a form of no-fault insurance. This means that a driver may recover Accident Benefits, regardless of their fault. If the accident renders you unable to work or perform basic daily tasks, like getting dressed or fed, you are eligible for benefits and/or compensation. Under SABS, you can be eligible for the following benefits:
- Income Replacement benefits
- Non-earner benefits
- Medical and/or Rehabilitation benefits
- Caregiver benefits
- Housekeeping and/or Attendant Care benefits
Despite the fact that Ontario follows a no-fault system, there are still consequences for causing an accident. But, what if the accident wasn’t entirely your fault? Ontario has strict rules regarding the determination of fault. If you’re found to be more than 50% at fault, your insurance may be affected when your coverage renews. Also, certain payouts may be withheld if you were breaking the law at the time of the accident. If you were driving without a license, for example, you might not be eligible for Income Replacement Benefits. Other things that can bar your benefits include:
- Driving another person’s vehicle without their knowledge or permission
- Refusing to perform and submit a breath test
- Driving under the influence of drugs or alcohol
Claiming for accident benefits can be a difficult and time-consuming process. Using a lawyer to defend yourself can save you a lot of confusion, as well as money. If you or someone you know is involved in an accident and is looking to claim benefits, contact Pranzitelli Law Firm.