Statutory accident benefits coverage in Canada
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What is statutory accident benefits coverage?
Matt Hands, VP, Insurance
Statutory accident benefits is a type of car insurance coverage that provides compensation if you, your passenger, or a pedestrian/cyclist suffers an injury as a result of a car accident, regardless of who was at fault. It helps to pay for various medical costs, rehabilitation, income replacement, attendant care and even funeral expenses.
The Statutory Accident Benefits Schedule (SABS), is a mandatory requirement on all auto insurance policies across Canada (except Newfoundland and Labrador), with provincial variations on types and of compensation and their scheduled amounts payable. Accident benefits are sometimes called “Section B” benefits depending on where you live.
How does accident benefits coverage work
By default, accident benefits and third-party liability are often set to $1,000,000, which seems like plenty, but it's possible it may run out. As an example, an Ontario car insurance policy would only provide $400/week for income replacement by default. You can increase your accident benefit default coverage limits for a few hundred dollars a year, which could mean the difference between paying for your living expenses or not.
Accident benefit payouts are the costliest of any submitted claim including third-party liability, DCPD, and collision insurance. Which is why accident benefits coverage accounts for the most expensive part of the car insurance policy rate calculation.
What does statutory accident benefits cover?
Across Canada, all provinces and territories have slight variations on the amount of compensation available, but generally agree on their definitions. Let’s start by covering a few basic forms of accident benefits coverage.
Income replacement
Replaces lost income as a result of not being able to work. Typically, nothing is payable for the first seven days of disability.
Non-earner benefits
If your injuries prevent you from carrying on a normal life (disablement), and you don’t qualify for income replacement or caregiver benefits (unemployed or student) at time of accident, you may be eligible for non-earner benefits
Caregiver benefits
If you can no longer provide full-time care to a dependant, such as a child or ageing parent, and your injuries are deemed catastrophic, you may qualify for caregiver benefits to cover the expenses of hiring someone to take over for you. Not available if you receive income or non-earner benefit.
Medical
Pays for reasonable expenses to those with injuries including, but not limited to, surgical, hospital, medication, chiropractic, physiotherapy, hearing aids, and transportation that are not covered by provincial health (e.g. OHIP) or your group medical plan.
Rehab
Facilitates family/work reintegration. Pays for counselling, assessments, and academic or life skills training, and home modifications.
Attendant care
Pays for services provided by a long-term care aide or facility and any related transportation.
Death benefit
The insurer will pay a death benefit within 180 days, or 3 years if the insured person was continuously disabled.
Funeral expenses
Covers all funeral related expenses, up to a specified limit.
Lost education expenses
If the insured person was enrolled in any type of regulated schooling and is out money from tuition, books, or related equipment.
Expenses of visitors
Pays for expenses from visitors such as the spouse, children, grandchildren, parents, grandparents, brothers, and sisters of the insured person.
Housekeeping and home maintenance
If you sustained catastrophic injuries that prevent you from regular housekeeping, the insurer will cover these expenses.
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Provincial statutory accident benefits differences
Every province offers accident benefits and each one decides on the limits of compensation. Below we break down each province and give you a high level overview of how you’re covered, as well as provide a link to where you can get even more detail from the provincial authorities.
Alberta
BC
Manitoba
New Brunswick
Newfoundland & Labrador
Northwest Territories
Nova Scotia
Nunavut
Ontario
Prince Edward Island
Quebec
Saskatchewan
Yukon
How to file an accident benefits insurance claim
If your involved in a car accident, gather all essential information - driver’s names, licence numbers, license plates, insurance companies, and policy numbers, and your own description of the accident. Then, once everyone is safe and police reports are filed, call your insurance company to begin the claims process.
Once your claim is reported, an insurance claims adjuster will either phone or meet with you in person. They’ll explain the various coverages and help guide you through the claims process. If you’re confused at all, ask for an explanation, they are there to help you.
If you’ve been injured in a claim, you’ll need to file forms that your claims adjuster will provide to you with an Accident Benefits Application Package that includes 5 forms.
Here are Ontario’s Claim forms (OCF) as an example:
If you want a quick and seamless process fill out each form clearly, double check your work, and make sure you sign and date the forms. And if you’re working with anyone else that will need to submit the forms, ask them to fill in their portion and submit as quickly as possible.
Once your auto insurance company has all the required forms, reviewed the details, they’ll inform you in writing what you can expect to receive. If you’re not happy, call your claims adjuster. If you’re still not happy, there are options to dispute.
In Ontario, it’s the License Appeal Tribunal (LAT), you can read more about that process on our blog: Accident benefits at the license appeal tribunal.
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Frequently asked questions about accident benefits
Who is eligible for accident benefits?
Everyone involved in an incident related to an insured vehicle or vehicles is eligible for accident benefits, even an at-fault driver. Accident benefits payouts come from the auto insurance provider of the at-fault vehicle or vehicles involved in an incident. That means whether you’re the driver, a passenger, a pedestrian, a cyclist struck while sharing the road, or even a family member who suffered losses as a result of an accident, you are eligible. Each party will file a claim with the insurance company of the at-fault vehicle.
Who is not eligible for accident benefits?
If the accident was caused by an illegal act such as racing or driving without insurance, your insurer may still pay for some accident benefits coverage, but could deny payments of income replacement.
If you are found at-fault due to an illegal act your car insurance policy could be cancelled and it will be difficult to find new affordable auto insurance. As a high risk driver in Canada, you will need to turn to the facility association to find insurance - it will be significantly more than you currently pay. Plus, you could face fines, lose your license, and any convictions stay on your record for 3 years, and any accidents stay on your driving record for up to six years.
How do you qualify for accident benefits coverage?
In order to qualify for accident benefits your injury sustained must fall under one of the following standard injury qualifications:
- Minor Injury - A minor injury can be generally thought of as a strain, sprain, whiplash, or bruise. (download full guide).
- Non-catastrophic - A major injury like a concussion or broken bone.
- Catastrophic - A life altering injury such as paralysis. Any severe injury to the spine or brain.
Depending on the type of injury will help to determine how much accident benefits coverage amount you are entitled to. The more debilitating the injury the larger the payout you are likely to receive.
What happens if you run out of accident benefits?
Depending on your province, you may be able to sue for more economic loss or pain and suffering, but up to a certain limit. If it’s still not enough, you may look to a long term disability insurance plan with your employer or the province where you live.
What happens if the other driver is not insured?
If the other driver has no insurance, you can make a claim under the mandatory Uninsured Motorist Coverage of your policy. In Ontario, you can claim up to $25,000 after a $300 deductible. However, you must be able to identify the at-fault driver to qualify, so if you are the victim of a 'hit & run', you will have to use your collision insurance to repair your car.
Can you sue for pain and suffering?
You can't sue in Manitoba or Quebec, but in other provinces you can up to specified limits. This would provide you with financial support above and beyond the amount awarded to you from an accident benefits claims payout.