Accident Benefits vs. Personal Injury Claims: What's the Difference?
- Yellow Pages Admin
- Nov 20
- 4 min read
If you’ve been seriously injured in an Ontario car accident, you may be eligible for both an accident benefits claim and a personal injury claim. Two of the tops questions new clients ask when they reach out to our Barrie personal injury law firm are “What’s the difference between accident benefits and personal injury compensation?” and “Am I entitled to both?”
Both accident benefits and tort claims seek to compensate a person harmed in a motor vehicle accident, but there are significant differences that set these types of claims apart. Understanding the differences is vital to ensuring you receive full and fair compensation for your injuries. Today’s blog post will provide an overview of the two types of claims, highlighting the ways they differ, how to know whether you’re eligible, and why you’d want to pursue claims for both.
Bear in mind that exactly what you’re entitled to depends on the specifics of your situation, including the severity of your injuries and whether you were at fault for the accident. For customized legal advice and help navigating the claims process, contact a Barrie accident compensation lawyer at Littlejohn Barristers to set up a free, no obligation consultation.
What Is an Accident Benefits Claim?
You can bring a Statutory Accident Benefits (SABS) claim if you’ve been hurt in an Ontario car accident. Also called no-fault benefits, this type of claim is available regardless of who caused the motor vehicle accident. That means you can access accident benefits even if you were wholly or partly at fault for the crash.
No-fault benefits are geared towards providing timely compensation to aid in your recovery. They can be claimed and paid immediately after the accident. Coverage includes a variety of benefits, such as medical and rehabilitation expenses, childcare, housekeeping, and income replacement benefits.
Accident benefits are paid by your own automobile insurance company. The claims process is started by filing a SABS application package with your insurer. The level of coverage you’ll receive depends on factors such as the seriousness of your injuries (catastrophic, non-catastrophic, or minor) and the amount of coverage you opted for when you purchased your auto insurance. If you don’t have an auto insurance policy, accident benefits may be payable by the insurance company of the vehicle owner or (potentially) an at-fault driver.
What Is a Personal Injury Claim?
Also called a tort claim, a personal injury claim is a lawsuit filed in court against an at-fault driver or other person(s) responsible for the accident. Unlike a SABS claim, you must prove that another party was at fault to recover compensation in a personal injury claim. You’ll need evidence such as witness statements, police reports, and dashcam footage or traffic/surveillance camera footage to prove liability on a balance of probabilities.
If the evidence proves that someone else was 100% at fault, you’ll recover 100% of your damages and losses in a personal injury lawsuit. Fault or negligence can be split between parties in a lawsuit; when liability is split, compensation received by the plaintiff (the person who brought the lawsuit) will be reduced. For example, if you’re found 25% at fault, you will recover 75% of your total damages.
You’ll also need to provide evidence to substantiate the nature and extent of injuries caused by the accident, and that you’ve taken all reasonable steps to mitigate your losses. It takes time to properly investigate and gather evidence; it also takes time to negotiate and/or litigate. These claims typically take multiple years to resolve and for the plaintiff to receive compensation.
When a personal injury claim is successful, the at-fault driver’s insurance typically pays compensation to the plaintiff, as determined by the court or by way of an out-of-court settlement. If the at-fault party doesn’t have insurance, there may be other avenues to recover damages, such as Ontario’s Motor Vehicle Accident Claims Fund.
Why Should a Car Accident Victim Bring Both Claims?
Accident benefits cover many losses following a motor vehicle accident, but they only provide minimum insurance protections. A personal injury claim is broader in scope and can provide compensation for additional damages and losses not covered by an accident benefits claim. For example, in a personal injury lawsuit, you can claim damages for pain and suffering, past income loss, future income loss, out of pocket expenses, future medical care/treatment costs, and housekeeping.
If you’re eligible for both types of claims, it’s to your advantage to pursue both. SABS can provide you with more immediate financial compensation, and then you’ll receive additional compensation (including interest and legal costs) if your personal injury lawsuit is successful.
How Do You File an Accident Benefits Claim and a Lawsuit?
The process and paperwork are very different, as are the deadlines for bringing each type of claim:
As mentioned, a SABS claim is typically brought against your own auto insurer. You must notify your insurance company within 7 days of the accident and then submit a completed Application for Accident Benefits (Form OCF-1) within 30 days.
The basic limitation period for an Ontario personal injury lawsuit is usually two years from the date of the accident, though there are several important exceptions. You can lose the right to bring a lawsuit if you don’t file a Statement of Claim within the applicable limitation period. You should also notify the at-fault party of your intent to sue within 120 days of the accident.
You should arrange a consultation with a Barrie or Collingwood personal injury lawyer at our law firm as soon as possible after the accident. Given the strict timelines, complicated application forms to obtain accident benefits, and the evidentiary requirements of tort claims, the earlier you find legal representation, the better.
CONTACT AN EXPERIENCED ACCIDENT COMPENSATION LAWYER
Barrie personal injury law firm Littlejohn Barristers is here to help if you or a loved one has been hurt in a car accident. It’s important to speak to a lawyer as soon as possible to gain an understanding of your legal rights and the types/amount of compensation to which you may be entitled.
The personal injury lawyers at Littlejohn Barristers are experienced in all types of motor vehicle claims, including car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and bicycle accidents. Let us review your claim, discuss your goals for the case and help you decide what the next step should be.
