If you have been involved in a motorcycle accident, either as a driver or a passenger, you know how devastating this can be. Regardless of whether the accident was your fault or if it was due to someone else’s negligence, you have rights to benefits that may not have been offered to you by your insurance company. Our Barrie motorcycle accident lawyers are here to fight for your rights to help ensure that you receive all of the compensation you deserve. From the moment you contact us, our team of lawyers will work side by side with you to ascertain the particulars of your situation and guide you through the appropriate course of action.
Motorcycle accident victims all too often experience catastrophic and even fatal injuries from their accidents. Common injuries include:
Many cyclists are unaware of the laws governing and protecting their rights. This is where we come in. In Ontario, if you have a valid insurance policy, you are entitled to some form of accident benefit whether you are at fault or not. At Rastin Law Trial Lawyers, our Barrie motorcycle accident lawyers are experienced at knowing exactly what rights are available to you and how to help ensure that you receive the maximum benefits and compensation under the law.
The insurer may be responsible for taking care of the costs associated with hiring a care taker or attendant for the injured person. This includes the services provided by family members caring for the injured, the cost of an in-home care taker, or for aid provided by a long term care facility such as, but not limited to, a hospital.
If an insured victim sustains permanent damage or impairment of some sort because of the accident, the insurance company may be responsible for the payment of all expenses incurred by the injured person. This includes medicals, hospital and nursing care, chiropractic, psychological, physiotherapy, occupational therapy, medication, eye care, dental costs, medical devices (such as but not limited to aids, wheelchairs, prostheses, and orthotics) and transporting the individual to and from treatment sessions.
An insured individual who sustains permanent damage or impairment resulting from the accident may be eligible to a weekly income replacement benefit if at the time of the accident:
As a result of and within a time frame of two years of the accident, the victim suffers a considerable inability to perform vital tasks and meet important goals of the employment.
A weekly income replacement benefit may be payable during the time that the insured individual suffers a considerable inability to perform the essential tasks of the employment. No benefit is paid during the first week of the disability. The amount of the weekly income replacement benefit paid for the first 104 weeks of disability is 80 percent of the victim’s net weekly income from employment. A person’s “net weekly income” is derived from a specific formula.
After the first 104 weeks of disability, the weekly income benefit is only payable if the insured individual suffers a total inability to take on any employment for which he or she is reasonably qualified by education, training or experience. The amount of the benefit is 80 percent of the victim’s net weekly income or $185, whichever is larger. However, the amount payable to an injured individual for weekly income replacement benefits must be no greater than $400 per week unless optional benefits have been purchased. If a person who is eligible for weekly income replacement benefits attained age 65 preceding the accident, an amount to be determined in accordance with the schedule may be payable only up to 208 weeks after the onset of the disability.
If, at the time of the accident, the victim was unemployed but was enrolled in school, or had completed his or her education during the year preceding the accident he or she may be eligible to a non-earner benefit. An injured person is only entitled to this benefit if he/she suffers a total inability to continue living a normal life as a result of and within 104 weeks after the accident. The non- earner benefit is not payable for the first 26 weeks of the disability, and is not payable for any period before the injured person is 16 years of age.
The non-earner benefit is limited to $185 per week. However, the victim can also be entitled to a non-earner benefit amounting to $320 per week after the first 104 weeks after the accident. This is only if he or she was enrolled in school or had completed his or her education in the year prior to the accident, and whose disability has elapsed over the 104 weeks.
An insured individual who has suffered some form of impairment as a result of an accident may be entitled to a care giver benefit if the insured individual was living with and was the primary care giver for an individual other than themselves in need of care, given the insured individual did not receive any remuneration for undertaking care giving activities. The amount of the care giver benefit should be no more than $250 per week for the first person in need of care plus $50.00 for each additional person.
The insured deceased victim is entitled to a maximum $6,000 funeral expense pay-out from the insurer. If the deceased was married, a sum of $25,000 would be payable to his or her spouse. This same sum would be payable if the deceased was unmarried but was the main income earner in the household, or in other words, was survived by a dependant or dependants.
In any case, it is also compulsory that the insurer pays an additional $10,000 to every surviving dependant of the deceased and may also be obliged to pay this same sum to each former spouse of the deceased. If the deceased was a dependant at the time of the accident, the sum of $10,000 would be payable to the person upon whom the deceased was dependant. If that individual is also deceased, this sum of $10,000 would be payable to that person’s surviving spouse or surviving dependant or dependants.
In order to be eligible to receive death benefits, the deceased must have died within 180 days from the day of the accident, or if the deceased was continuously disabled as a consequence of the accident, within 156 weeks of the day of the accident. No one is entitled to claim death benefits unless he or she survives the deceased by a minimum of 30 days.
These statutory benefits can be claimed from the victim’s insurance company. If the victim is uninsured, these benefits can be claimed from the insurance company of the driver who is at fault. If neither the cyclist nor the driver is insured, the benefits can be claimed from Ontario’s Motor Vehicles Accident Claim Fund. It is imperative that the law firm you choose is experienced and extremely knowledgeable in the intricacies and legal formalities associated with motorcycle accident cases.
At Rastin Law Trial Lawyers, we provide outstanding and fearless advocacy on behalf of those in need. If you or a loved one has been injured in a motorcycle accident, give us a call. Our team of Barrie motorcycle accident lawyers is waiting to bring justice to you.