Auto Chapter 3 Flashcards
What is verbal threshold
the words or language describing the nature and type of injury that must be suffered in order to be able to commence a legal action against the responsible party
who is the insured persons under the statutory accident benefit schedule
name insured, named driver, spouse or dependant, a person involved in an accident with the insured, person occupant the vehicle outside Ontario if they are a resident of ON, at least in the last 60days. Or ppl who were not involved in accident but suffer mental injury as result.
Define Collateral benefits
sources of entitlement outside fo the automobile policy. insured can deduct amounts when calculating the amount of weekly income replacement or non earner benefits payable to them. including payments for loss of income from accident, or net that is available to them. and disability benefits.
outline the priority of payments: rules that determine from whom an injured will collect benefits from
- all persons injured in an automobile accident must claim accident benefits from their own automobile insurer. 2. If they do not have their own they can claim to the insurer of the automobile that they were an occupant of. 3. if no insurance, they claim to any vehicle involved in the accident 4. if none are possible, benefits are paid by the Ontario Motor Vehicle Accident Claims Fund.
under what circumstances are there ‘no benefits payable to driver’ (accident benefits)
use of drugs or alcohol, refusal to provide breath sample, known it was not insured, no license, did not have permission or consent.
Every accident benefits coverage must ‘always’ provide (even if they break the rules):
MADOC- medical rehabilitation, attendant care, death and funeral , other expenses(payment of) , caregiver benefits
What are all the basic accident benefit coverages
Income replacement, non-earner benefit + MADOC + optionals
Income Replacement benefits (IRB
max is 400/week unless optional IRB has been purchased,
Non-earner benefit
payable to insured persons who suffer a complete inability to carry normal life and do not qualify for IRB
caregiver benefits
250 per week plus 50 for each dependant. for no longer than 104 weeks.
What are the payments of other expenses (under accident benefits)
education expenses, expenses of visitors, housekeeping and home maintenance expenses, damage to clothing, cost of examination.
death and funeral benefits
25k is given to spouse, 10k to each dependant (these can be doubled) and max 6k for funeral arrangements
