Accident Benefits

Recovering after an accident is difficult enough without having to fight for the benefits you need. As your accident benefits lawyer, Foisy & Associates will help with claims involving income replacement, treatment costs, rehabilitation, attendant care, and other forms of accident benefits insurance. We will guide you through the process and advocate for the coverage you are entitled to.

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Foisy & Associates – Your Accident Benefits Lawyers

In Ontario, every motor vehicle accident victim has access to accident benefits, which are designed to support recovery and financial stability following an injury. Depending on your policy and how your injuries are assessed, accident benefits coverage may include medical and rehabilitation expenses, income replacement, attendant care, and other necessary supports.
While these benefits are intended to provide support, people can encounter challenges when making a claim. Insurance companies may question the extent of injuries, limit access to treatment, or deny certain benefits altogether. Navigating the accident benefits insurance process can involve complex documentation, strict timelines, and ongoing disputes. As your accident benefits lawyer, Foisy & Associates will help you understand your options, manage the claims process, and advocate for the full accident benefits Ontario coverage you deserve.

Why trust us with your accident benefits case?

Choosing who to trust with your accident benefits claim matters when your recovery, finances, and access to care are on the line. These claims often involve ongoing interaction with insurers, detailed medical evidence, strict timelines, and challenges such as denied treatments, reduced benefits, or disputes over injury severity. The Foisy & Associates team brings extensive experience in motor vehicle collision claims, including matters involving the Statutory Accident Benefits Schedule, accident benefits insurance, treatment disputes, and catastrophic injury claims.

This experience gives our team a clear understanding of how accident benefits Ontario claims progress and where issues often arise. We know how insurers assess injuries, how benefits may change when a claim is classified as minor, non-minor, or catastrophic, and what evidence may be needed to support your entitlement. As your accident benefits lawyer, we actively manage your claim, communicate with the insurer, and advocate for the full accident benefits coverage available to you.

If you have been injured in a motor vehicle accident and your insurance company is delaying, limiting, or denying access to the accident benefits you need, you deserve legal support that will stand up for your rights. Whether your claim is resolved through negotiation or proceeds to the Licence Appeal Tribunal, Foisy & Associates will advocate for the accident benefits coverage you are entitled to.

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Frequently Asked Questions About Accident Benefits

How do accident benefits work in Ontario?
In Ontario, accident benefits are available through your own auto insurance policy if you are injured in a motor vehicle accident, regardless of who was at fault. These benefits are intended to provide access to treatment, income support, and care while you recover, and they apply whether you were a driver, passenger, pedestrian, or cyclist.

The system is governed by the Statutory Accident Benefits Schedule (SABS), which sets out what benefits are available and how they are assessed. After an accident, you must apply through your insurer and provide medical documentation to support your claim. From there, the insurer will review treatment plans, income loss, and care needs to determine what accident benefits coverage applies.

While the framework is structured, the process itself is rarely straightforward. Many individuals encounter delays, denied treatment plans, or disputes over how injuries are classified. Understanding how the system works early on can make a significant difference in accessing the benefits you need.

What are standard accident benefits coverage limits?

In Ontario, accident benefits coverage is divided into categories based on injury severity:

  • Minor injuries are generally limited to $3,500 for medical and rehabilitation
  • Non-minor injuries provide up to $65,000 combined for medical, rehabilitation, and attendant care
  • Catastrophic injuries provide up to $1,000,000 combined for these same benefits

These limits can have a direct impact on your access to treatment and long-term care. For example, individuals with injuries categorized as “minor” may find that funding is quickly exhausted, even if symptoms persist beyond initial treatment. On the other hand, access to higher limits for non-minor or catastrophic injuries often depends on strong medical evidence and proper documentation.

It is also important to understand that insurers may challenge how your injuries are classified, particularly when a claim may move beyond the Minor Injury Guideline or toward a catastrophic impairment designation. These disputes can affect your access to ongoing care, rehabilitation, and long-term support.

In some cases, optional benefits purchased under your policy may increase these limits, but many individuals are unaware of their coverage until after an accident occurs. Understanding how these limits apply (and how they may be disputed) is an important part of protecting your entitlement to accident benefits.

How do I apply for accident benefits after a car accident in Ontario?

After a motor vehicle accident, you should notify your insurance company as soon as possible – ideally within 7 days. The insurer will then provide you with an accident benefits application package, which includes forms outlining your injuries, employment status, and treatment needs.

Timelines are critical. Once you receive the application package, you have 30 days to complete and return the forms. Missing this deadline can delay your claim or give the insurer grounds to deny benefits, although extensions may be granted with a reasonable explanation. It is also important to submit medical forms as early as possible, since insurers rely on this information to determine eligibility.

There are also strict deadlines for treatment plans and disputes. For example, insurers must respond to most treatment plans within a set timeframe, but delays often occur if additional information or insurer examinations are requested. If a benefit is denied, you typically have 2 years from the date of the denial to dispute the decision through the Licence Appeal Tribunal (LAT).

Because accident benefits insurance claims depend heavily on documentation, incomplete forms, inconsistent medical reporting, or missed deadlines can significantly affect your access to benefits. Ensuring that your application is accurate, supported by medical evidence, and submitted on time can help avoid unnecessary delays and challenges early in the process.

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