Minimum Required Auto Insurance Coverage in Ontario
As of May 1, 2013
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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
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| 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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