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Accident Benefits Coverage in Ontario
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Minimum Required Auto Insurance Coverage in Ontario

As of May 1, 2013

ONTARIO
Compulsory minimum third-party liability:

$200,000 is available for any one accident; however, if a claim involving both bodily injury and property damage reaches this figure, payment for property damage will be capped at $10,000

Medical payments:

Up to $3,500 for minor injury; up to $50,000/person for non-minor and non-catastrophic injury for up to 10 years; up to $1 million for catastrophic injury; attendant care up to $36,000 for non-minor and non-catastrophic injury up to 104 weeks; up to $1 million for catastrophic injury

Funeral expense benefits:

$6,000 (if optional indexation coverage is purchased, this amount may be higher)

Disability income benefits:

Income Replacement Benefit: 70% of gross wages to maximum $400/week, minimum $185/week for 104 weeks (longer if victim is unable to pursue any suitable occupation); nothing is payable for the first seven days of disability Non-earner Benefit (disabled unemployed persons, students enrolled in education full time, or students who completed their education less than one year before the accident and are not employed): $185/week for 104 weeks; 26-week wait; limit two years; if student (as defined above) is still disabled after 104 weeks, Non-earner Benefit is $320/week. Not available if the insured is eligible for, and elects to receive, the income replacement or caregiver benefit

Death benefits:

Death within 180 days of accident (or three years if continuously disabled prior to death); $25,000 minimum to spouse, $10,000 to each surviving dependant, $10,000 to each parent/guardian (if optional indexation coverage is purchased, these amounts may be higher)

Impairment benefits: Through tort action
Right to sue for pain and suffering?

Yes, if injury meets severity test (called “threshold”), and subject to deductible. Lawsuit allowed only if injured person dies or sustains permanent and serious disfigurement and/or impairment of important physical, mental or psychological function. The court assesses damages and deducts $30,000 ($15,000 for a Family Law Act claim)

Right to sue for economic loss in excess of no-fault benefits?

Yes. Income replacement award above no-fault benefit is based on net income after deductions for income tax, Canada Pension and Employment Insurance. Injured person may sue for 70% of net income loss before trial, 100% of gross after trial; also for medical, rehabilitation and related costs when injury meets severity test for pain and suffering claims

Administration:

Government (government and private insurers compete for optional and excess coverage)


Sources

All online sources were accessed on May 1, 2013

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