Motor Vehicle Accidents

We are humans and accidents happen. First few things to do: ensure everyone’s safety; call 911 as needed; exchange insurance information with other driver; take pictures of the scene, your vehicle, and other vehicle/s involved; seek medical help by visiting hospital and/or family doctor; report the accident to collision centre (if not already reported to police at the scene); notify your insurance company; and get in touch Verkhovets Law.

If you are missing work and losing wages due to the accident, you may apply for income replacement benefits as soon as you are unable to work. There is a 7-day waiting period from the date of the accident before income replacement benefits are payable.

Statutory Accident Benefits are a package of benefits available to individuals injured in a motor vehicle accident in Ontario, regardless of who was at fault for the collision. You can apply for these benefits by notifying your insurance company (or any other insurance company as the case may be) by submitting a completed Application for Accident Benefits (OCF-1 form).

Yes, you have the right to sue the at-fault driver for additional compensation beyond the statutory accident benefits. This type of lawsuit is known as a tort claim.

In Ontario, the Statutory Accident Benefits Schedule (SABS) defines "catastrophic impairment" based on a specific set of criteria. These are very severe and permanent injuries that significantly impact a person's life. Some examples of what may qualify as a catastrophic impairment include: • Paraplegia or Quadriplegia: Complete paralysis of the lower or all four limbs. • Brain Injury: A traumatic brain injury that results in a permanent and severe alteration of cognitive, communicative, or physical functioning. • Amputation: The loss of a limb at or above the wrist or ankle. • Loss of Vision: Complete and permanent loss of vision in both eyes. • Severe Burns: Third-degree burns covering a significant portion of the body or involving critical areas. • Combination of Impairments: A combination of two or more impairments that, when considered together, result in a catastrophic level of impairment including psychological impairment. The determination of whether an injury is catastrophic involves thorough medical assessments and often requires specialized evaluations.

Individuals who are deemed to have suffered a catastrophic impairment are entitled to significantly higher medical and rehabilitation benefits under the SABS. Currently, the maximum medical-rehabilitation and attendant care benefit for catastrophic injuries is $1 million. These benefits can cover a wide range of necessary expenses, including:   • Extensive medical treatments and therapies   • Rehabilitation programs (e.g., physiotherapy, occupational therapy, speech therapy)   • Assistive devices and mobility aids (e.g., wheelchairs, prosthetics) • Home modifications to accommodate the injury • Vehicle modifications • Psychological support and counseling • Attendant care services