Little-known way to recovery for MVA injuries

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BEN AZIMI /
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Little-known way to recovery for MVA injuries

Little-Known Way to Recovery for MVA Injuries

About the No-Fault Auto Insurance Scheme

Most people are familiar with a tort claim against the guilty party after a car accident. Some are not aware that anyone involved, regardless of whether they are at fault, can claim accident benefits through insurance. Unlike compensation awarded for a tort, which may take years or even decades, accident benefits are paid out very quickly. The reason is that the purpose of accident benefits is to facilitate immediate treatment and compensation. While the value of a tort claim can potentially be quite high, accident benefits are usually modest. Another difference is the deadlines to make a claim: for a MVA tort claim, it is two years; for accident benefits, one must give the insurer notice of one’s intent to apply for accident benefits within seven days of the accident.

There are six kinds of accident benefits. Expenses that cover treatment not covered by OHIP or one’s private insurance plan are called Medical-Rehabilitation Benefits. Meanwhile, Attendant Care Benefits cover the expenses of hiring an aide or attendant to assist with day-to-day functions. An Income Replacement Benefit supplements one’s lack or shortfall of income due to being unable or less able to work since the accident, while the Non-Earner Benefit provides financial support if one was unemployed, retired or a student at the time of the accident. The Caregiver Benefit can contribute to the expense of care for one’s dependent. Lastly, coverage for expenses in hiring services to care or maintain one’s home is the Housekeeping Benefit.

On receipt of a notice of intent, the insurer assigns an adjuster and sends you an application package. The OCF-1 is the application while the OCF-3 is the disability certificate that is partly completed by you and partly by your healthcare provider. Additional forms are used in applying for specific benefits. The insurer can approve, investigate, reject or terminate benefits. You may contest a rejection or termination by applying to the License Appeal Tribunal for dispute resolution. After a MVA, there are many challenges ahead, such as working to recover and return to pre-accident activities, and you likely have many questions. Ben Azimi is an experienced lawyer who can help you get the answers and navigate the legal process to get the benefits you deserve.