No Fault Accident Benefits (Section B)

a) What are accident benefits?

If you are injured in a motor vehicle accident, you may have the right to get insurance benefits from your own car insurance company, or the insurance company of the other driver, no matter who is at-fault for the accident. These benefits are called “Accident Benefits” and include payment for medical and rehabilitation expenses and weekly loss of income payments. Accident Benefits are meant to help you immediately, while your injury claim is pending.

b) Who is my accident benefits insurer?

If you are a driver or passenger, your accident benefits are provided by the insurance covering the car you were in. If that car has no insurance, then you would be covered by your own car insurance policy, if you have one. If you were a pedestrian, your accident benefits are provided by the insurance covering the car that hit you. If that car had no insurance, you would be covered by your own car insurance policy, if you have one.

c) Which benefits am I entitled to receive?

Medical and Rehabilitation Benefits

Accident Benefits cover a wide range of expenses, including physiotherapy, massage therapy, psychology and chiropractic, prescription medications, medical equipment, walkers, wheelchairs, crutches, ambulance bills, home modifications, and gym memberships. If your injury prevents you from returning to work, your insurer is required to pay for vocational rehabilitation, return-to-work programs, and modifications to your workspace.

• New Brunswick: $50,000 maximum, for at least four years from the date of accident
• Nova Scotia: $25,000 maximum, for at least four years from the date of accident
• PEI: $25,000 maximum, for up to four years from the date of accident

Medical and Rehabilitation Benefits

If your injuries keep you from working, you may qualify for weekly loss of income payments. The payments are 80% of your weekly income, up to a maximum of $140 or $250 depending on your specific insurance policy. In order to qualify for weekly loss of income payments, you must meet the following criteria:

• You were employed at the time of the accident, or had arranged to start a new job soon, or were employed for 6 of the 12 months before the accident;
• Your injuries kept you from working for 7 days out of the 30 days following the accident; and
• You have not returned to work, or are earning less money because of your injuries.

• New Brunswick: maximum of $250 per week
• Nova Scotia: maximum of $140 per week
• PEI: maximum of $140 per week

Medical and Rehabilitation Benefits

If you were not employed at the time of the accident, and are a homemaker, you may qualify for payments for housekeeping services, if your injuries prevent you from doing your housekeeping. You cannot qualify for both weekly loss of income payments and housekeeping expenses – it has to be one or the other.

• New Brunswick: $50 or $100 per week, up to a maximum of 52 weeks
• Nova Scotia: $70 per week, up to a maximum of $840 over 12 weeks
• PEI: $70 per week, up to a maximum of $840 over 12 weeks

d) Who is my accident benefits insurer?

You will receive three forms from your accident benefits insurer: 1) the Notice of Claim Form; 2) the Medical Form; and 3) the Employer Form.

Notice of Claim Form

Fill this form out yourself and send it back to the insurance company right away.

Medical Form

This form should be filled out by your family doctor. Make an appointment and take the form with you. Have the doctor fill it out while you are there. Take the form with you and send it back to the insurance company. The doctor may charge you a fee. Make sure your doctor writes down all his or her recommendations for treatment or medication. If you doctor wants you to stay off work, make sure that is written on the form as well.

Employer Form

If you are going to miss time from work, and you want to apply for loss of income payments, the you must get your employer to fill out this form. Send it back to the insurance company right away

During your initial consultation with Cantini Law Group, we will help you fill out the Accident Benefits application at no charge.

e) Who is my accident benefits insurer?

• Always send original documents to the insurance company and keep copies for yourself.
• If your doctor gives you a referral slip make sure he or she writes on the slip that it is because of the motor vehicle accident of [insert date of your accident].
• Fill-out and return the accident benefits forms as soon as possible.
• Submit all medical expenses to your private insurance plan before you submit them toyour accident benefits insurer (the accident benefits insurer doesn't have to pay for things that are covered by your private medical plan).
• If your doctor is putting you off work, then his or her off-work note must give an estimate of the time you will be off, or at least when he or she will re-evaluate your ability to return to work.
• If you plan to apply for loss of income payments, you must also apply for Employment Insurance Sickness Benefits (Call Service Canada Toll Free: 1-800-206-7218).