Lost income as a result of a motor vehicle accident:Q - I was injured in a motor vehicle accident and now I can’t work. How can I recover that lost income? A - You can make a claim for lost income under the no-fault accident benefits section of your own automobile insurance policy. These are also called section ‘B’ accident benefits. You can claim these benefits no matter who was at fault for the accident. To make a claim contact the insurance company as soon as possible. An insurance adjuster will be appointed to process your claim. You should talk with a lawyer before you meet with the adjuster. You may be asked to have a medical examination and to sign a release form before any benefits are paid to you. This form may limit your legal options down the road, so read it carefully and take it to a lawyer before you sign it. The insurance company will also require that you complete a proof of loss statement. If another driven caused the accident, you may be able to claim against his or her insurance. We’ll talk more about this later. Q - How much money can I expect from the no-fault accident benefits for lost income? A - You can get reimbursed for lost income if you were working at the time of the accident, and have been off work for at least 7 days. Also, if you are between the ages of 18-65 and have worked for six of the previous 12 months before the accident, you could also qualify for income replacement. The rate is generally 80% of your gross weekly income, to a maximum of $140 per week. Lost income benefits from your automobile insurer will be reduced by the amount of money you get, or could get for your income loss, from other sources such as Employment Insurance or a workplace disability insurance plan. No-fault benefits for lost income will continue as long as you can show that your injuries prevent you from doing the essential duties of your usual work, generally up to a maximum period of 2 years. After two years you can only get benefits if you cannot do any type of work at all. If the other driver was at fault, you can claim the full amount of lost wages from his or her insurance. Q - Are there any other restrictions on getting section B benefits? A - Yes. For example, a driver who is convicted of an alcohol-related driving offence connected to the accident, or who was not properly licenced or qualified to drive the vehicle when the accident occurred, will not be eligible for these no-fault benefits. You should talk to a lawyer if you are denied section B accident benefits. Q - Do passengers and pedestrians also have access to no-fault accident benefits? A - Yes, passengers can file a claim under the policy of the car they were in. Pedestrians can file a claim under the policy of the car that struck them. Q - Is there another way for me to recover lost income? A - If someone else besides you is found to have been at least partly at fault in causing the accident, you can seek compensation from his or her insurance company. You may be able to negotiate a settlement, but if not, you may have to hire a lawyer and start a lawsuit. For collisions after November 1, 2003 such a lawsuit should be started within 3 years from the date of the accident. In some cases, such as those involving government employees, this period may be shorter. If you are awarded damages, the court may deduct any no-fault accident benefits that you received. You may also have disability benefits available in your own personal insurance coverage. Q - If my injury happened at work, is this process any different? A - Yes, most work-related injuries are covered by the Workers’ Compensation Act. You may not have to deal with anyone’s insurance company unless you elect to do so instead of accepting workers’ compensation benefits.
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