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What are Accident Benefits

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What are Accident Benefits

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Individuals injured in motor vehicle accidents in Ontario may be eligible for assistance, in the form of “Accident Benefits”, under an auto insurance policy. Consult with a lawyer to understand your rights.

In Ontario, Accident Benefits (commonly referred to as “AB”) are governed by regulation under the provincial Insurance Act, R.S.O. 1990, c.I.8, known as the Statutory Accident Benefits Schedule (“SABS”). Under Ontario legislation, there is a standard auto insurance policy which is required to be purchased by every vehicle owner. This standard auto insurance policy includes a minimum set of AB coverage, designed to provide injured parties with basic necessities, regardless of who caused the accident, such as medical rehabilitation benefits, attendant care benefits, and income replacement benefits. Additional accident benefits coverage may also be purchased in order to customize policies of insurance to suit individual needs. Here is a brief overview of the commonly claimed AB’s provided by Ontario’s standard auto insurance policy (not including additional coverage that may be purchased).

Medical and Rehabilitation Benefits (“MRB”):
This benefit covers reasonable and necessary medical and rehabilitation expenses incurred (i.e. physiotherapy, prescription medication or workplace/home/vehicle modifications) as a result of the accident related injuries that are not covered by a government health plan or a private health plan that you may have through work or your spouse. Here is what you need to know about Medical and Rehabilitation Benefits (“MRB’s”):
• Payment of MRB’s are based on 1 of 3 classifications of your accident related injuries: (i) minor injury; (ii) non-minor injury; and (iii) catastrophic injury
• For minor injuries, such as whiplash, sprains, cuts or bruises, MRB’s are payable to a cap of $3,500
• For non-minor injuries, such as broken bones or internal organ damage, MRB’s are payable for a maximum of 10 years to a cap of $50,000
• For catastrophic injuries, such as amputation of a limb, spinal cord injuries or severe brain damage, MRB’s are payable to cap of $1,000,000

Income Replacement Benefits (“IRB”):
This benefit compensates you for loss of your income if you cannot work because of the injuries caused by a motor vehicle accident. To qualify, you must have been employed, or have been receiving Employment Insurance (“EI”), at the time of the accident. Otherwise, you must have worked at least 26 of the 52 weeks before the accident. Here is what you need to know about Income Replacement Benefits (IRB’s):
• IRB’s are calculated at 70 % of your average gross income based on your employment history
o Your income is calculated as the higher of either (i) the 52 weeks before the accident OR (ii) the 4 weeks before the accident multiplied by 13
o Self-employed income is calculated as the higher of either (i) the 52 weeks before the accident OR (ii) the last fiscal year
o If you are receiving other income replacement assistance, such as short term or long term disability benefits, those amounts are deductable from the amount of your IRB eligibility
• IRB’s are capped at $400 per week
• The first 7 days of your disability are not covered by IRB’s
• IRB’s are payable for a 104 week (2 year) period, but you may be eligible to continue receiving this benefit past the 2 years indefinitely, if after the 2 year mark you are unable to do any occupation for which you are reasonably suited by way of your education, training and experience
• The age 65 marks changes in IRB’s
o If you are already over the age of 65, IRB’s are payable up to 208 weeks and gradually reduced over that period
o If you reach the age 65 while already receiving benefits, the IRB is converted to a lifetime pension at a reduced rate based on an established formula

Non-Earner Benefits (“NEB”):
If you do not qualify for IRB’s, you may be eligible for the Non-Earner Benefit (“NEB’s”) if you suffer a complete inability to carry on your normal activities as a result of the injuries caused by the accident. Here is what you need to know about NEB’s:
• You must be at least 16 years of age and a full time student at the time of the accident, or have completed your education the year before the accident and not yet secured employment
• NEB’s are capped at $185 per week
• The first 26 weeks of your disability are not covered by NEB’s
• NEB’s are payable for a 104 week (2 year) period, but you may be eligible to continue receiving this benefit past the 2 years indefinitely after which point the maximum amount payable increases to $320 per week
• The same age 65 mark changes apply as in IRB’s

Attendant Care Benefits:
If you are unable to carry out personal care activities as a result of the accident (i.e. bathing or dressing) you may receive reimbursement for reasonable and necessary expenses incurred for an aide, attendant or long-term care facility to assist you with such personal activities. Here is what you need to know about Attendant Care Benefits:
• Your accident related injuries must not be considered a “minor-injury”
• If your accident related injuries are considered to be “catastrophic” the benefit is capped at $6,000 per month to a total of $100,000
• If your accident related injuries are not considered to be “catastrophic” but are also severe enough not to be found as “minor injuries” then the benefit is only payable for a 2 year period and is capped at $3,000 per month to a total of $36,000

Caregiver Benefits:

If you were a primary caregiver at the time of the accident, but cannot continue that role due to catastrophic injuries suffered as a result of the motor vehicle accident then you may receive reimbursement for expenses incurred to have someone assist in the caregiving. Here is what you need to know about Caregiver Benefits:
• Caregiver Benefits is capped at $250 per week for the first person in need of care and $50 per week for each additional person in need of care for whom you were the main caregiver
• This benefit is payable for a 104 week (2 year) period, but you may be eligible to continue receiving this benefit past the 2 years indefinitely if after the 2 year mark you are completely unable to carry on a normal life

For more information, visit our accident benefits section. If you have any questions, book a free consultation or call 1-855-446-7765 for immediate assistance.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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David, Mena and Silene were all professional and extremely helpful in getting my case resolved. Mena was quick to get back to me when I had any questions. I had a great experience with all of them.
My wife and I were involved in an accident in 2023, and we were fortunate to have HIMPRO Personal Injury and Long-Term Disability Lawyers represent us. From day one, their team showed outstanding professionalism, compassion, and dedication.

We especially want to thank David, Alex, and Mena for their incredible support throughout the process. They were always available to answer our questions, kept us informed at every stage, and genuinely cared about our well-being. Their guidance made a stressful time much easier for us to handle.

Thanks to their hard work and expertise, we achieved a great outcome, and they are still working diligently to obtain additional compensation from the insurance company and pursue the catastrophic designation for my wife.

We are deeply grateful for everything the HIMPRO team has done for us. If you ever need experienced, trustworthy, and compassionate lawyers who will truly fight for you, we highly recommend HIMPRO.
A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.
David Himelfarb, Silene Malhao, Mena Brar did an amazing job with helping me. They're amazing to work with.
I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.
I’ve been working with Himelfarb Proszanski since 2019, after the accident and I can’t recommend them enough. Dan Holland was the lawyer assigned to my case, and he was absolutely amazing. From day one, he was dedicated, always working in my best interest and never giving up on my case. He made sure to explain everything to me in detail, so I never felt lost or confused. Whenever I had questions, he was always accessible and quick to respond, which made me feel supported throughout the entire process. I never felt like I was alone — Dan was there every step of the way, holding my hand and making sure I understood each part of the journey. Thanks to his hard work and the incredible team at Himmelfarb Proszanski, I got the results I was hoping for. If you're looking for a law firm that truly cares about their clients and delivers results, look no further.
I would highly recommend David Himelfarb & his team to anyone needing a personal injury lawyer. He walked with me from shortly after my very serious car accident through the entire process. They looked after everything that needed to be done, answered my questions and kept me up to date on our progress. I felt I was well looked after. We have just completed mediation, and I am very satisfied with the results. I now understand the importance and value of having an excellent personal injury lawyer.
Mena is always welcoming, professional, and incredibly helpful.from my first call she consistently provided excellent service with a friendly attitude. Her efficiency in managing appointments and quick responses to any inquiries made the entire experience smooth and stress-free.highly recommend Mena for exceptional front desk support!

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