In Ontario, if you are involved in a motor vehicle accident, you may be eligible for statutory accident benefits, regardless of who was at fault. These benefits are part of Ontario's no-fault insurance system, designed to provide financial support for recovery. However, determining eligibility can be complex, especially when the incident doesn't involve a direct collision. Here's a guide to understanding if your injury qualifies for accident benefits.
The Two-Part Test for Accident Benefits
Ontario law employs a two-part test to determine if an incident qualifies as an "accident" for the purpose of receiving accident benefits:.
#1 - Purpose Test
Did theincident arise out of the ordinary and well-known activities for which automobiles are used?
#2 - Direct Cause Test
Was the vehicle the direct cause of the injury, or was there was an intervening act?
For example, if an injury occurs due to an external factor unrelated to the vehicle's operation, such as an unrelated stray bullet, the vehicle would not be considered the direct cause.
Examples of Qualifying Incidents
Recent court cases have expanded the interpretation of what constitutes an "accident" under the no-fault benefits system. Here are some scenarios where individuals were found eligible for accident benefits:
- Slipping on ice while returning to a car after inflating tires.
- Falling while running towards a car that was sliding down a hill.
- Being struck by a bungee cord while securing a load on a trailer.
- Slipping on a snowbank while disembarking from a bus.
- Tripping over a motorcycle in the dark.
- Suffering burns from spilled coffee while transferring it from a drive-through window to a car's cup holder.
- Being injured by a car hood falling while adding washer fluid.
- Slipping while clearing snow off a car.
- Falling on ice after exiting a vehicle.
These examples illustrate that you don't necessarily need to be driving or inside the vehicle to qualify for benefits. The key is whether the vehicle was involved in the incident in a manner consistent with its intended use.
Navigating the Claims Process
Determining eligibility for accident benefits can be complex and often requires a detailed examination of the incident's circumstances. Insurers, courts, and tribunals will scrutinize the facts and evidence. Therefore, consulting with an experienced personal injury lawyer is necessary. They can assess your situation, help you understand your rights, and guide you through the claims process.
At PMP Law, we specialize in helping accident victims navigate the complexities of personal injury law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
