3 - Accident Benefits Flashcards
- Why are Accident Benefits necessary?
Accident Benefits are necessary to provide immediate financial assistance for insured’s, vehicle passenger or both who are injured or killed in an automobile accident.
- What does the term “no-fault” mean in the realm of automobile insurance?
The term “no-fault” means:
That claims are settled with an insured without regard to fault.
That an insured looks to his/her own insurer to recover after suffering a loss.
- Briefly trace the evolution of no-fault Accident Benefits in Canada
In Canada, Accident Benefits evolved from medical expenses coverage which was offered as an optional coverage in the late 1940’s.
In the 1960’s Universal Medicare was established in Canada which ONLY provides coverages for medical expenses.
Rehabilitation cost and required treatments are not covered under Medicare.
In the early stages, Accident Benefits were quite similar in all provinces. Modest limits were immediately available to everyone injured in an automobile accident.
Over time, provinces have taken different directions:
In some provinces the right to sue have been removed or limited to specified circumstances and coverages have been greatly enhanced.
In other provinces, coverage remains nominal and innocent parties are still permitted to sue those who are at fault for full compensation.
- In Automobile insurance, what is threshold?
The degree of injury a claimant must sustain before being allowed to commence a legal action against the negligent party.
The dollar amount or verbal injury’s nature and severity description that must be suffered to pursue the right of action.
- Which provinces have banned lawsuits by motorist/passengers injured in automobile accidents?
Quebec and Manitoba
Injured parties are fully compensated by the Accident Benefits coverage in these two provinces.
- How are Accident Benefits provided?
Benefits for at-fault drivers:
Accident Benefits payments are always provided on a no-fault basis.
Accident Benefits provides coverage to:
At fault or partially at fault drivers. This is the only benefit the at fault party receive.
At fault driver’s dependants who are injured in an automobile accident
- Does a person injured in an auto accident in BC have the right to commence a legal action against the responsible motorist?
Yes, they must first accept or waive the Accident Benefits that they are entitled to receive under basic Autoplan.
- What legislation defines the scope and breadth of Accident Benefits coverage?
- Part 7 of the Regulations under the Insurance (Vehicle) Act defines the scope and breadth of Accident Benefits coverage.
- List the 4 main areas of coverage under Autoplan Accident Benefits
Medical and Rehabilitation Expenses, such as: physio, chiropractor, message, ambulance and dental.
Disability Benefits (Wage Loss)–> AGWE(Average Gross Weekly Earning) upto $300/week.
Benefits for Employed Persons: EI, treated as Primary –> ICBC treated as Excess.
Benefits for Homemakers
Death Benefits
Funeral Expenses
- What types of medical and rehabilitation expenses are covered?
10. Autoplan Accident Benefits reimburse up to $150,000/injured person for expenses: Medical Dental Ambulance Chiropractic Physiotherapy Occupational therapy Speech therapy Prosthetics Medication Medical supply or equipment Attendant care
- What are some of the limitations with respect to reimbursement of certain rehabilitation expenses?
- Autoplan does not cover expenses that may be claimed under other insurance policies, medical or hospital plans.
- Briefly outline the disability benefits available under Autoplan to employed persons who have been injured in an automobile accident?
DISABILITY BENEFITS FOR EMPLOYED PERSONS
Employed persons (someone who had a job or worked 6/12 months at DOL ):
the amount paid is limited to 75% of AGWE - weekly wage loss payment from other benefits or
Maximum amount of $300/week, whichever is less.
EI benefits is treated as primary but takes 2 weeks for benefits to start
Autoplan wage loss begins on the 8th day to cover the 2nd week
No benefits are payable for the first 7 days of TOTAL disability.
EI amount will be deducted from any Autoplan entitlement.
ICBC is not liable to pay benefit for injury or death where an insured is covered under Workers’ Compensation Act.
ICBC is not liable to pay for injury or death even if the insured has elected not claim or forfeited his/her claim under Workers’ Compensation Act.
- Briefly outline the disability benefits available under Autoplan for homemakers?
DISABILITY BENEFITS FOR HOMEMAKERS:
Autoplan will pay up to a maximum amount of $145/week for expenses to hire a person to perform the household tasks on the injured’s behalf.
To be eligible, the insured must be disabled w/in 20 days after the MVA.
No benefits are payable when a family member performs the household tasks on the homemaker’s behalf.
No benefits are payable for the first 7 days of TOTAL disability.
- What is the waiting period for disability benefits?
- The waiting period for disability benefits is 7 days. Payments commence on the 8th day.
- What is the duration of payments under disability benefits for employed persons?
The duration of payments under disability benefits for employed persons:
Benefits are available for the duration of the disability if the insured continues to be totally disabled at the end of 104 weeks or until the insured reaches age 65, whichever comes first.
Benefits are reduced by any benefits received from Canada Pension Plan or Quebec Pension Plan after the first 104 weeks of payment.