paramedics tending to injured person in back of ambulance

Does Car Insurance Cover Passenger Injury?

Date Posted:

July 9, 2024

Share This:

Contact Us Today

    Imagine you’re a passenger injured in a car accident. You assume your friend’s auto insurance policy will cover your medical bills and lost wages, so you don’t file an accident benefits claim promptly. As weeks pass, your medical expenses grow and you struggle financially because you can’t work. By the time you seek help, you face delays and complications, which severely impact your recovery and financial stability.

    When you’re a passenger in a car, the last thing you want to think about is what happens if there’s an accident. Unfortunately, the reality is that a motor vehicle accident can change lives in an instant, and they are a regular occurrence in communities all across the province. 

    If you’re in Ontario and unsure about the insurance framework for car accident claims, you’re not alone. In this post, we will break down the most important things to know, from the ins and outs of your own auto insurance policy, to how to pursue additional compensation, and more,  so you can understand your rights and options clearly. 

    Remember, McNally Gervan is here to help. Contact us for a free consultation with an Ottawa personal injury lawyer to learn more about your rights and options. 

    Understanding Passenger Injury Coverage in Ontario

    How Does Car Insurance Cover Passenger Injury in Ontario?

    Ontario’s auto insurance policies are designed to provide broad coverage, including for passengers. This means if you’re injured as a passenger in a car accident, you’re entitled to Statutory Accident Benefits (SABS). Accident benefit claims can cover many medical and rehabilitation costs. 

    Types of Accident Benefits for Passengers

    Medical and Rehabilitation Benefits: If you’re hurt in a car accident, medical and rehabilitation benefits cover necessary treatments. For instance, if you break a leg, these benefits will cover your physiotherapy and follow-up medical appointments, ensuring you recover fully without worrying about the costs.

    Income Replacement Benefits: If your injuries prevent you from working, income replacement benefits step in to help. Imagine you’re a construction worker and a back injury from the accident stops you from working. These benefits will replace a portion of your income, providing financial stability during your recovery.

    Non-Earner Benefits: Non-earner benefits offer financial support if you can’t maintain your normal life and don’t qualify for income replacement. For example, if you’re a student and your injuries prevent you from attending classes or participating in daily activities, these benefits help you get the support you need.

    Attendant Care Benefits: Sometimes, injuries are severe enough that you need help with daily activities like bathing and dressing. Attendant care benefits cover the costs of this personal care, so that you can get the assistance you need to manage everyday tasks.

    Legal Options for Additional Compensation

    In addition to SABS, you can sue the at-fault driver for pain and suffering and other damages. This option is particularly important if your injuries result in long-term disability or significant emotional distress. Filing a tort claim can provide compensation beyond what insurance covers.

    The Claims Process in Ontario

    Filing an accident benefits claim involves several crucial steps to ensure you receive the compensation you deserve. First, seek immediate medical attention, even if your injuries seem minor, to document your condition. Next, report the accident to the police and file an accident report to establish the incident officially. Then, notify your insurer to start the claims process.

    Complete all necessary forms, such as the OCF-1 (Application for Accident Benefits), to provide detailed information about the insured vehicle involved, as well as your injuries and expenses. Keep meticulous records of all medical treatments, expenses, and communications with your own insurance company to support your claim and ensure all aspects of your recovery are documented. 

    Car Insurance Policy Exclusions and Limitations

    There are many situations where your liability insurance won’t cover certain costs or damages that stem from motor vehicle accidents; common exclusions include intentional acts and driving without a valid license. 

    Exclusions can significantly impact your claim. For instance, if you were knowingly a passenger in a vehicle driven by an unlicensed driver, your claim might be denied. Legal advice can help you navigate these exclusions and secure the compensation you deserve despite these limitations.

    Contact McNally Gervan Today for Guidance From an Ontario Car Accident Lawyer

    Every car accident case is unique and requires a personalized legal strategy. At McNally Gervan, our experience in insurance and personal injury claims helps us navigate the complexities of the legal system and insurance policies effectively. With strong negotiation skills, we ensure you receive a fair settlement from insurance companies.

    We provide tailored support, addressing the specific details of your situation, whether it’s straightforward or involves multiple parties and severe injuries, so that you can get the peace of mind you need to focus on your recovery; we handle all legal and insurance matters.

    Contact McNally Gervan for expert legal assistance and a free consultation. We’re dedicated to helping you secure the compensation you deserve. We know, it’s personal.

    table of contents