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When To File A No-Fault Claim

February 26, 2018
Filing No-Fault Claims

In Ontario, if you have been involved in a car vehicle accident, you are entitled to no-fault insurance accident benefits – regardless of who is at fault. That means that even if you were 100% at fault for the accident, you are still eligible to receive these benefits.

You can read more about who is eligible for no-fault insurance accident benefits here.

No-fault insurance accident benefits also referred to as the SABS (Statutory Accident Benefits Schedule), includes medical and rehabilitation benefits as well as income replacement benefits, non-earner benefits, attendant care benefits, caregiver benefits and housekeeping and home maintenance benefits, among other things.

With this in mind, when should you file a no-fault claim?

When To File A No-Fault Claim

The short answer to this question is, you should be filing a claim as quickly as possible. You have just 7 days from the time of your accident to inform your insurance company that you intend to apply for no-fault benefits.

Once you have received the application, you have 30 days to file the paperwork.

So, as you can see, it’s important to act quickly.

Keep in mind that the problem is that many insurance companies will try to deny you of your benefits, which is why legal counsel is often necessary for these instances. For example, the insurance company will likely try and place you under the “minor injury” category (a sprain or strain), even though you have sustained a disc injury, fracture or a concussion.

Here are a few additional tips to ensure that your no-fault claim is handled as quickly as possible:

Print as clearly as possible or type your answers in a PDF form if possible.

Double check that you have filled out the application form completely and have not missed any sections

Ensure that you have signed and dated the forms

Ask anyone submitting information on your behalf (such as an employer, doctor and so on) to complete any forms in full and submit the documentation in a timely manner.

Sean Giovannetti is a personal injury lawyer who handles a variety of different types of claims, including no-fault insurance accident benefits. He also has previous extensive experience working for some of the largest insurance companies in Canada. He will get you the compensation that belongs to you. To schedule a free consultation or for more information, please contact us here.

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