No-Fault accident benefits apply to any person in Ontario who has been injured in an accident involving a motor vehicle, regardless of who is at fault for the accident. That includes drivers, passengers, pedestrians and cyclists. These benefits, by law, are part of every car insurance policy sold in Ontario. They are paid according to a set of rules called the “Statutory Accident Benefits Schedule”, that determines what benefits you can qualify for.

An important point to keep clear is that you must apply to your own car insurance company for these benefits, even if a different driver caused the accident and even if your own car was not involved in the accident. If you do not have a car of your own, and are not part of a household which has an insured car, you may then apply to the insurance company of another vehicle, but not otherwise.

You must notify the insurance company within 7 days of the accident, or as soon as possible, if you want to claim such benefits.

The types of benefits that are available include income replacement; weekly payments for non-earners and care-givers; medical, rehabilitation and attendant care benefits; death and funeral benefits; and payment of certain other expenses caused by the accident.

You must first apply to any other disability or health insurance plan you might have available (either privately or through your work place) before claiming such benefits from your car insurance.

Your insurance company will likely send an adjuster to meet with you and help you process the claim, but the paperwork for claiming such benefits is complicated and disputes frequently arise.

Further information is available from the Financial Services Commission of Ontario.