Mandatory 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 and the balance will be attributed to the bodily injury claim.
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Direct Compensation Property Damage (DCPD) Required? | Yes.
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Medical payments: | Up to $3,500/person for minor injury; up to $65,000/person for combined medical and attendant care for non-minor and non-catastrophic injury for up to 5 years (longer for children; paid only as long as person remains medically eligible); up to $1 million for combined medical and attendant care for catastrophic injury.
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Funeral expense benefits: | $6,000 (if optional indexation coverage is purchased, this amount may be higher).
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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; four-week wait; limit two years; Not available if the insured is eligible for, and elects to receive, the income replacement or caregiver benefit.
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Death benefits: | Death within 180 days of accident (or three years if continuously disabled prior to death); $25,000 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).
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Impairment benefits: | N/A
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Right to sue for pain and suffering? | Yes, if injury meets severity test and subject to a deductible. Lawsuit is allowed only if the injured person dies or sustains permanent and serious disfigurement and/or impairment of an important physical, mental or psychological function. The court assesses damages and deducts $39,754 ($19,877 for a Family Law Act claim).
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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.
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Administration: | Private insurers.
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