As a former nurse, I have had many occasions to observe patients
and their loved ones experience the immediate aftermath of a
devastating personal injury resulting from a motor vehicle
collision. When the initial shock subsides, the practical questions
begin to pour out: Who is going to pay for treatment and
rehabilitation not covered by OHIP? What will we do about lost
income during a recovery period? If ongoing attendant care or other
types of assistance are required, will insurance cover it?
Navigating the terrain of accident benefits can be daunting for
accident victims and their support networks. This blog post
highlights some important changes to Ontario's Statutory
Accident Benefits Schedule (SABS) that came into effect June
Statutory Accident Benefits: Overview of Major
Personal injuries resulting from motor vehicle accidents are
classified as minor, non-catastrophic, or catastrophic under the
Statutory Accident Benefits Schedule (SABS). Benefits can
vary significantly based on the assessed level of injury. However,
changes to the benefits' schedule have significantly reduced
coverage for the most seriously injured accident victims.
These changes were introduced by the Ontario government in a bid
to reduce insurance premiums and regulate the maximum benefits
available to accident victims for accidents occurring after June 1,
2016 (and for policies renewed after this date). Let's
Medical & Rehabilitation and Attendant Care
Prior to June 1, 2016, Medical & Rehabilitation and
Attendant Care benefits were two separate categories. Under the new
Persons with catastrophic injuries may be entitled to a maximum
combined benefit of up to $1,000,000 over their lifetime (reduced
Persons with non-catastrophic injuries may be entitled to
a maximum combined benefit of up to $65,000 over 5 years (instead
of $50,000 over 10 years for Medical Rehabilitation and $36,000 for
Attendant Care over 2 years).
Persons with minor injuries may be entitled to a maximum
benefit of $3,500 (but the claim period has been reduced from 10
years to 5 years).
Persons having suffered injuries in any category may also be
entitled to claim up to a maximum of $2,000 for each medical
assessment they require. The amount however is deducted from their
Medical and Rehabilitation and Attendant Care benefit.
Optional Benefits and Increased Insurance Coverage
It's important to remember that these benefits represent
only the Statutory Accident Benefits Schedule available to
motor vehicle accident victims in Ontario as of June 1, 2016. With
these changes also came Optional Benefits for Medical &
Rehabilitation and Attendant Care which you can purchase to
increase coverage limits. You should contact your insurance agent
or broker to discuss your current coverage and obtain advice on
your optional benefits needs.
Under B.C.'s former and current Limitation Act, the limitation period for a Plaintiff's claim can be extended on the basis of a Defendant having acknowledged in writing some liability for the cause of action.
Automobile drivers, like fine wine, tend to get better with age. Older drivers can draw on a wealth of experience from their years on the road to assist them when faced by a variety of dangerous conditions.
The insurance industry will be interested in Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co because of principles the Supreme Court of Canada applied to the "faulty workmanship" exclusion in a Builders' Risk policy.
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