Being involved in a car accident can be extremely difficult for those involved, as well as their families. As a personal injury law firm, we understand the challenges individuals face in the aftermath of a car accident. The whole process can quickly become overwhelming, especially when you are dealing with the impact of a traumatic personal injury.

This article will break down the critical aspects of car accident benefits in Ontario, from statutory accident benefits and types of auto insurance coverage to the role fault plays in a car accident claim.

Types of Auto Insurance Coverage

In Ontario, motorists are required by law to purchase the following automobile insurance coverage relating to personal injuries:

  • Third party liability coverage (the minimum limit being $200,000)
  • Statutory accident benefits coverage
  • Uninsured automobile coverage

In addition, many policies contain family protection coverage pursuant to an endorsement called the OPCF-44R: Family Protection Coverage.

Third Party Liability Coverage

Third party liability coverage provides insurance coverage in the event another person (a third party) is injured due to a motor vehicle accident. The coverage will pay for claims from lawsuits against you up to the coverage limit and the costs of settling the claims. You must carry a minimum of $200,000 in third-party liability coverage, but you can choose to increase the minimum account. Most motorists in Ontario have coverage of $1,000,000 however, this may not be sufficient to protect you in the event of a serious injury.

Statutory Accident Benefits Coverage

Accident benefits coverage protects you if you have been injured in a motor vehicle accident, regardless of who is at fault.

Accident benefits coverage includes the following, at a minimum (otherwise known as standard coverage):

  • Up to $65,000 in combined coverage for Medical and Rehabilitation and Attendant Care for non-catastrophic injuries
  • Up to $1 million in combined coverage for Medical and Rehabilitation and Attendant Care for catastrophic injuries
  • Up to $400 per week for Income Replacement
  • Up to $185 per week for Non-Earner Benefit
  • For minor injuries, the Medical and Rehabilitation benefits have a maximum limit of $3,500 in coverage under an Accident Benefits policy.

You have the option to increase your coverage with optional coverage. Optional coverage is a great benefit in the event of a serious personal injury such as a brain injury, spinal cord injury, orthopedic injury, or any other injury that results in significant treatment and care needs.

Car Insurance

Uninsured Automobile Coverage

Uninsured automobile coverage protects you in the event you are injured or killed by a hit-and-run driver or an uninsured motorist. The standard coverage is $200,000, however, additional coverage can be purchased through family protection coverage, discussed below.

Family Protection Coverage

Family protection coverage provides you with enhanced coverage in the event you or a family member is injured or killed in a motor vehicle accident, whether by an unidentified motorist, uninsured motorist, or inadequately insured motorist. This coverage will protect you and other eligible claimants up to the third party liability limit of your insurance policy. For instance, if you have $2,000,000 in coverage and the person who injures you only has $1,000,000 in third party liability limits, you will be protected by your own insurer up to your own policy limit. So, in the event of a serious personal injury, the other driver’s insurer will pay the first $1,000,000 and your own insurer will pay any additional damages up to $2,000,000. As a result, carrying a higher third party liability limit not only protects you in the event you injure someone else, but it also protects you if you yourself are injured.

If you have any specific questions about car insurance and policies, please speak to your insurance agent, broker or provider to be able to make an informed decision.

Speak With a Personal Injury Lawyer

If you have been in a car accident and are trying to pursue standard accident benefits or other insurance claims, contact one of the experienced Toronto car accident lawyers at Beyond Law immediately to find out how we can help you. Call us at 416.613.1225 or fill out our convenient online form.

Beyond Law offers free, no-obligation consultation sessions to identify potential compensation paths and help you understand the law and your rights.

Wherever you live in Ontario, Beyond Law is here to help in your time of need.

About the Authors

  • Josh Nisker

    Josh is a founding partner of Beyond Law. He is recognized as one of the Top Lawyers in Toronto by Post City Magazines. He strives to build and maintain trust with his clients by being attentive, responsive and honest at all times. He also frequently mentors other practicing lawyers through the Law Society of Ontario.

  • Kate Mazzucco

    Kate is the co-founder of Beyond Law who has more than 15 years of experience in personal injury law. She believes that every client is unique and so are their losses and needs. Therefore, she represents every client with a personalized approach tailored to them as an individual.