A brief guide to Automobile Accident Benefits

Accident benefits are available to anyone who gets injured as a result of the “use or operation of a motor vehicle.” It is available regardless of the fault of an injured Individual and is commonly referred to as “no-fault” benefits.

The forms to initiate a claim is available online. These forms could often be complex since most parts are filled out by the family physician or healthcare providers of an injured person. As such, the forms must be filled out accurately and entirely by the injured person upon guidance and consultation with an experienced lawyer or a paralegal.

OCF -1 – Application for accident benefits

This form is mandatory to be completed by an injured individual. Whether that person was indeed injured as a result of the ‘operation of an automobile’ is sometimes unclear and confusingly complicated. It is highly recommended to seek advice from an experienced legal practitioner in the field.

OCF – 10 – Election of Income Replacement, Non-Earner or Caregiver Benefits

Entitlement to a specified benefit plays a crucial role in the timely and effective recovery of an injured individual. The claimant may have eligibility for more than one benefit at a time. As such, the proper guidance must be given for an appropriate selection as it could not be changed once elected unless the claim is deemed to be catastrophic by an Insurer. 

OCF – 19 – Application for Determination of Catastrophic Impairment

This form is to be filled out and signed by a healthcare provider when the injured person’s claim seems catastrophic. Catastrophic designation of a claim gives claimant access to increased benefits; however, it is often challenged by a corresponding Insurer. Multiple medical assessments and experts’ opinions are to be involved in these types of claims. It is highly recommended that advice from an experienced lawyer is sought for proper navigation of this claim.

Importance of seeking legal advice

As the paperwork and the claim process itself is often very complicated, and the claimants need to focus on their timely recovery from injuries, the involvement of an experienced lawyer or a paralegal is thoughtful. It is imperative the merits of the claim are established from an early outset of the claim as the claim adjusters and defense lawyers will obtain the full file of an injured claimant. It is critical that these forms are accurate, and the specified benefits are navigated properly along the process for a successful recovery and resolution of a claim.

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