Many injured motorists do not understand that there are two completely separate insurance protections according to Canadian law that allow them to receive financial benefits after an auto accident. The accident benefits program is a different process from a lawsuit that begins with filing the official claim with the appropriate insurance company. The application process begins essentially at the time of the accident, as the injured plaintiff has seven days to contact the insurance company indicating the need to file a claim. The insurance company will then provide a standard Application for Benefits Form, known as an OFC-1, which the injured party has 30 days to complete and return.
Understanding the Application Process
The purpose of the Accident Benefits Claim Form is to get the injured party’s coverage started as soon as possible regarding specific benefits. The information provided on the claim form is then investigated by the insurance company, which will result in either an acceptance or a denial of the claim. But, even before a claim is denied, it is always a good decision to consult with a personal injury lawyer when completing the form because the information is vital in getting a claim approved and all information becomes part of the official record. After the OFC-1 is on file, the insurance company will send another OCF-3 Form that is intended to be completed by a medical professional who has treated the injuries.
Types of Benefits
There are several standard programs that govern the administration of benefits based on the material case facts of the accident. They are:
Income Replacement Benefit
Medical and Rehabilitation Benefits
Attendant Care Benefit
Other Expenses Benefit
Death and Funeral Benefit
Your best personal injury lawyer Toronto can help you understand all elements of adjudicating a car accident, including the initial filing of the benefits application. Always remember that your personal version of the events that transpired can be very important in your claim, especially if will be pursuing extended damages.
There are individuals who can be denied insurance benefit protection following an accident. Drivers who were not in possession of a valid drivers license can be rejected immediately, as well as those who are designated as uncovered when driving a particular vehicle. In addition, if an accident occurs while in commission of a criminal act, then the insurance company can deny benefits as well. Passengers that reasonably know that a vehicle is being driven without official consent could also be disqualified in certain situations. It is not necessary for a claimant to be injured in order to receive benefits, as benefits can also be paid to those who are forced to psychologically deal with injured relatives, so the law can be confusing. This is especially true when individuals are covered under multiple policies.
These potential denial issues are exactly why it is important to consult with a personal injury lawyer before the process even begins. Always get a lawyer to settle any car accident claim.