• Personal Injuries
  • Divorce
  • Criminal Summary
  • Law Suit ( up to 25K )
  • Traffic Ticket

 

Loss of Income

Amount of Benefit

  1. The amount of the income replacement benefit shall be,

    (a)    for each of the first 104 weeks of disability, 80 per cent of the insured person’s net weekly income from employment determined in accordance with section 61; and

    (b)    for each week after the first 104 weeks of disability, the greater of the amount specified in clause (a) and $185.

  2.   The insurer may deduct from the amount of the income replacement benefit payable to an insured person 80 per cent of the net income received by the insured person in respect of any employment subsequent to the accident.

NON- EARNER BENEFIT

  1.   The insurer shall pay an insured person who sustains an impairment as a result of an accident a non-earner benefit if the insured person meets any of the following qualifications:
    1. The insured person suffers a complete inability to carry on a normal life as a result of and within 104 weeks after the accident and does not qualify for an income replacement benefit.
    2. The insured person suffers a complete inability to carry on a normal life as a result of and within 104 weeks after the accident, received a caregiver benefit as a result of the accident and there is no longer a person in need of care.
    3. The insured person suffers a complete inability to carry on a normal life as a result of and within 104 weeks after the accident and,
      1. was enrolled on a full-time basis in elementary, secondary or post-secondary education at the time of the accident, or
      2. completed his or her education less than one year before the accident and was not employed, after completing his or her education and before the accident, in an employment that reflected his or her education and training.
  • Subject to subsection (3), the amount of the non-earner benefit shall be $185 for each week that the insured person is eligible to receive the benefit.
  • If a person qualifies for a non-earner benefit under paragraph 3 of subsection (1) and more than 104 weeks have elapsed since the onset of the disability, the amount of the non-earner benefit shall be $320 for each week that the insured person continues to be eligible to receive the benefit. 

CAREGIVER BENEFIT

  1. The insurer shall pay an insured person who sustains an impairment as a result of an accident a caregiver benefit if the insured person meets all of the following qualifications:
    1. At the time of the accident,
                               i.    the insured person was residing with a person in need of care, and
                               ii.    the insured person was the primary caregiver for the person in need of care and did not receive any remuneration for engaging in caregiving activities.
    2. As a result of and within 104 weeks after the accident, the insured person suffers a substantial inability to engage in the caregiving activities in which he or she engaged at the time of the accident.
  2. The caregiver benefit shall pay for reasonable and necessary expenses incurred as a result of the accident in caring for a person in need of care.
  3.   The amount of the caregiver benefit shall not exceed,
    1. for the first person in need of care,
      1.   $250 per week, or
      2. if the optional caregiver and dependant care benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit; and
    2.    for each additional person in need of care,
                              (i)    $50 per week, or
                             (ii)    if the optional caregiver and dependant care benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit.
  4.       The insurer is not required to pay a caregiver benefit for any period longer than 104 weeks of disability, unless, as a result of the accident, the insured person is suffering a complete inability to carry on a normal life. 

Lost Educational Expenses

  1.  The insurer shall pay for lost educational expenses incurred by or on behalf of an insured person who sustains an impairment as a result of an accident if,
             (a)    at the time of the accident, the insured person was enrolled in a program of elementary, secondary, post-secondary or continuing education; and
             (b)    as a result of the accident, the insured person is unable to continue the program.
        
  2.  The amount payable under this section shall not exceed $15,000.

    Housekeeping and Home Maintenance
          (1)  The insurer shall pay for reasonable and necessary additional expenses incurred by or on behalf of an insured person as a result of an accident for housekeeping and home maintenance services if, as a result of the accident, the insured person sustains an impairment that results in a substantial inability to perform the housekeeping and home maintenance services that he or she normally performed before the accident.
          (2)  The amount payable under this section shall not exceed $100 per week.
          (3)  No payment is required under this section for expenses incurred more than 104 weeks after the onset of the disability.

      • Subsection
  3. does not apply if the insured person sustained a catastrophic impairment as a result of the accident

Damage to Clothing, Glasses, Hearing Aids, etc.

     The insurer shall pay for all reasonable expenses incurred by or on behalf of an insured person in repairing or replacing,
         (a)    clothing worn by the insured person at the time of an accident that was lost or damaged as a result of the accident; or
         (b)    prescription eyewear, dentures, hearing aids, prostheses and other medical or dental devices that were lost or damaged as a result of an accident

The Motor Vehicle Accident Claims Fund

The Motor Vehicle Accident Claims Fund (MVACF) is considered to be the "payer of last resort" as it provides compensation to people injured in automobile accidents when no automobile insurance exists to respond to the claim.
The major functions of MVACF are:

  • to provide statutory accident benefits directly to persons involved in an automobile accident, who have no recourse to automobile insurance;
  • to provide compensation for personal injury or property damage to victims involved in an automobile accident with an uninsured or unidentified driver or a stolen vehicle when no liability insurance exists; and
to recover from the owners and drivers of uninsured vehicles monies paid out on their behalf, where legally permissible.