April 18, 2014

Section B benefits are no-fault accident benefits that are included in every automobile insurance policy and that you are entitled to when you are involved in a motor vehicle collision, regardless of fault. If you were the driver of a vehicle involved in the collision, you claim Section B benefits through your own insurer.

If you were a passenger in a vehicle, your Section B claim goes through the driver’s insurer. If you were a pedestrian hit by a vehicle, you claim Section B benefits through the insurer for the vehicle that hit you. Two types of claims are available under the Section B portion of a policy: medical benefits and disability benefits. To be eligible for these benefits, you must notify the insurance company of the accident within 30 days of it and must provide specific forms that the insurance company will supply within 90 days.

If you miss these limitations, you should still notify the insurer and attempt to open a claim, as you may still be able to receive benefits. Under the medical benefits, you are entitled to coverage for the cost of an ambulance ride, physiotherapy, prescriptions, chiropractic, massage, dental treatment, etc., if those medical needs were the result of the collision. While the standard policy provides up to $50,000 in medical benefits, there are limits to the amount available for certain types of treatment and you are required to exhaust any private medical benefits available to you prior to claiming excess costs through Section B. For soft-tissue injuries (i.e. injuries within the “protocol”), the insurer will typically authorize 21 initial treatments and may lead you to believe that this is all you are entitled to. This is incorrect. You are entitled to coverage for any treatment not otherwise covered, which is deemed medically essential to your recovery. Under the disability benefits, if you were employed at the time of the collision or employed for at least 6 of the 12 preceding months and are totally disabled from working for a period longer than 7 days (the waiting period), for which you are not being compensated, you are entitled to a weekly benefit. The weekly benefit is the lesser of $400 per week or 80% of your average weekly earnings. Section B benefits are available for 2 years from the date of accident.


This entry was posted in Personal Injury Law and posted on April 18, 2014


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