Accident Benefits: Whose insurance company do I use?
If you have been injured in an accident, navigating the insurance process can be tricky. In Ontario, there are strict timelines for applying for Accident Benefits, and it is important that you report your accident in a timely manner. There are exceptions; however, if you don’t file an accident report within seven days of your accident, you can be denied accident benefits coverage. Once you have reported your accident and requested an accident benefits package, it is important that you take your time and properly fill out the included OCF forms and return the completed package within thirty days. Our injury lawyers like to help our clients with this task. We want to ensure that no stone is unturned and that our clients do not put themselves at risk of possibly being denied coverage because of a small mistake that was made on their OCF forms. We often will remove this stress from our clients and fill out the accident benefits package with them.
Sound simple enough? Well, not quite. Determining which insurance company you should submit your application package to also needs to be determined. In most accidents, there are multiple insurance companies involved in an accident claim and it’s imperative the the accident benefits package is returned to the appropriate insurance company.
A few determining factors when applying for Accident Benefits:
- Do you have your own insurance coverage? If you do, then the package should be returned to your own insurance company.
- Are covered by someone else’s insurance policy? Are you covered under your parent’s insurance policy or maybe your wife’s? The accident benefits package package needs to go to whomever’s insurance policy you are covered under.
- Were you a passenger in a vehicle and didn’t have insurance coverage? If this is the case, then the accident benefits package will be returned to the owner of the vehicle’s insurance company.
- Were you a pedestrian and do not have insurance? Then the accident benefits package must be returned to the at-fault driver’s insurance company.
- Were you a passenger in the vehicle of an uninsured driver? Then you must make an application to the Motor Vehicle Insurance Claims Fund. This is a fund that is designed to help people who would otherwise not be covered under insurance. To learn more about this fund, click here.
- Were you a pedestrian who was hit by an uninsured driver? Then you must make an application to the Motor Vehicle Insurance Claims Fund. This is a fund that is designed to help people who would otherwise not be covered under insurance.
Regardless of your situation, it is advisable that you contact an experienced lawyer who is familiar with personal injury law in Ontario to discuss your situation. Our lawyers would be happy to help and we offer free consultations.