When you’re involved in a car accident in Ontario, your world can be turned upside down in a matter of seconds. Whether you’re a driver, passenger, cyclist, or pedestrian, the aftermath of a collision can bring physical injuries, emotional distress, and financial challenges. Fortunately, Ontario’s auto insurance system includes something called the Statutory Accident Benefits Schedule (SABS), designed to provide support and compensation to help you recover.
Let’s break down what the SABS is and what benefits you may be entitled to if you’re injured in a motor vehicle accident—and how a motor vehicle accident lawyer can help you navigate the process.
What is the SABS?
The Insurance Act of Ontario contains regulations pertaining to the Statutory Accident Benefits Schedule (SABS). Regardless of who was at blame, it outlines the benefits that vehicle insurance companies are required to offer to anyone hurt in an automobile accident.
These benefits are available to almost anyone involved in an accident, including drivers, passengers, pedestrians, and cyclists.
Key Accident Benefits Available Under the SABS
Here are some of the core benefits you may be entitled to:
1. Income Replacement Benefit
You might be eligible for income replacement if your injuries keep you from going back to work. Up to 70% of your gross income is covered by this benefit, with a weekly ceiling of $400 (but extra coverage might raise this).
To qualify, you must have been employed at the time of the accident or have been working within the past year (or were receiving Employment Insurance).
2. Non-Earner Benefit
If you weren’t working at the time of the accident but your injuries prevent you from living a “normal life,” you may be eligible for up to $185 per week after a four-week waiting period.
3. Caregiver Benefit
You may be eligible to receive up to $250 a week for the first dependent and $50 for each additional dependent if you were the primary carer for a dependent (such as a child or elderly family member) and are unable to continue providing care. Note: Unless you acquired optional benefits, this is only available if you have a catastrophic impairment.
4. Medical and Rehabilitation Benefits
This covers reasonable and necessary medical expenses not covered by OHIP, such as physiotherapy, chiropractic care, and mobility aids. The standard coverage is:
- For non-catastrophic injuries (together with related care), up to $65,000.
- Up to $1 million for catastrophic injuries.
5. Attendant Care Benefit
This benefit might pay for a personal support worker if you require help with personal care (such as eating, dressing, or bathing). This is covered by the combined limit with medical and rehabilitation benefits, as was previously mentioned.
6. Housekeeping and Home Maintenance
You can qualify for up to $100 per week to hire someone to help with maintenance and housekeeping duties if you have had a catastrophic injury. This is optional coverage for non-catastrophic cases.
7. Death and Funeral Benefits
In the unfortunate event that a loved one dies in a car accident, their family may be entitled to:
- $25,000 to a spouse.
- $10,000 to each dependent.
- Up to $6,000 for funeral expenses.
8. Other Expenses
This includes costs like:
- Lost educational expenses (up to $15,000 if you can’t continue post-secondary education).
- Damage to personal items (e.g., glasses, clothing).
- Visitor expenses for family members while you’re recovering.
What Counts as a Catastrophic Impairment?
Catastrophic injuries are those that result in severe and long-term or permanent disability, such as brain injuries, paralysis, or the loss of a limb. These cases open up access to much higher benefit limits.
How Do You Apply for Benefits?
After an accident, you must notify your insurance company within seven days. They’ll send you application forms, which should be completed and returned within 30 days. Be detailed and provide supporting documents from healthcare professionals.
If your claim is denied or benefits are cut off, you can dispute the decision through the Licensing Appeal Tribunal (LAT).
Optional Benefits: More Coverage, More Peace of Mind
While the standard SABS coverage is helpful, many people opt for enhanced benefits. You can increase weekly income replacement amounts, expand medical and rehabilitation limits, and access caregiver or housekeeping benefits even if your injuries aren’t catastrophic.
It’s worth discussing these with your insurance broker before an accident ever happens.
Final Thoughts
No one expects to be in a car accident, but knowing your rights under the SABS can make a big difference in your recovery journey. The accident benefits system in Ontario is designed to help you get back on your feet—physically, emotionally, and financially. If you’re injured in a crash, act quickly, keep documentation organized, and don’t hesitate to seek legal advice if you run into complications.
The road to recovery starts with understanding what you’re entitled to.
