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Statutory Accident Benefits

Ontario’s Motor Vehicle Accident scheme is a complex and quickly evolving area of law. Individuals who are injured in an accident are often left wondering “what’s the next step?” To further complicate things, the injured party may hear from a variety of sources that they should sue the person at fault (which is known as a tort action).

Statutory Accident Benefits (or SABS for short), are often the starting point for injured individuals. Often, these benefits derive from your own insurance company. Simply put, when you purchased mandatory insurance on your vehicle, you were provided with a minimum amount of benefits in the event that you were injured in an accident. These benefits apply to you whether or not you were the party at fault in the accident.

What are the Benefits?

SABS benefits are very specific, and include:

  • Income Replacement
  • Non-Earner Benefits
  • Caregiver Benefits
  • Medical Rehabilitation Benefits
  • Attendant Care Benefits
  • Other possible benefits.

Each of the above benefits has its own set of requirements, time frame, and monetary limit. Any amounts over and beyond the SABS limits are often sued for in tort against the insurer of the at fault party.