Injury Lawyers Since 1984

Know your accident benefits insurer

Dec 1, 2019 | Accident Benefits Lawyer, Car Accidents, Initial Consultation

Lawyer Zachary Goncalves

Personal Injury Lawyer

Everyone involved in a car accident regardless of whether they are at fault or not is entitled to accident benefits. There is a priority system to determine which automobile policy or source to claim accident benefits from.

Accident Benefits Insurer

Your lawyer or paralegal will best know how to proceed. Some of the policies and courses from which you can claim from, may include:

  • The insurer of your own vehicle;
  • If you are injured as a passenger, the insurer of the vehicle’s owner or driver;
  • The insurer of the at-fault motorist;
  • The insurer of any other motor vehicle that may be involved in the accident;
  • The Motor Vehicle Accident Claim Fund (MVAC), which is generally the insurer of last resort.

Weekly benefit

You can be issued up to $400 per week for lost income from employment. The weekly income level is calculated at a rate of 70% of the injured person’s income. In case an accident happens while you are jobless, you may be entitled to claim Non-Earner Benefit of up to $185 every week for the next six months following the date of the crash. In addition, the insurer may provide a caregiver benefit of up to $250 in case you are the sole caregiver for a person.

It is important that you confirm with your lawyer or paralegal what benefits you may be entitled for. In particular, some claimants may have purchased optional benefits which may affect their entitlement to certain benefits, including income replacement.

Attendant, Medical, and Rehabilitation Care Benefits

Your accident insurance company should meet the cost of all of your medical bills, rehabilitation expenses, and attendant care expenses. However, there are limits on what you may claim.

  • Except in certain circumstances, if you suffer what is classified to be a minor injury, the insurer is only liable to pay up to $3,500;
  • For non-catastrophic injuries that fall outside of the minor injury guideline, the insurer may be liable to pay up to $65,000 for half a decade, depending on the terms of your auto policy;
  • If you have sustained what is considered to be a catastrophic impairment, the insurer is liable to pay up to $1,000,000, or more depending on the terms of your specific auto policy;
  • You medical and rehabilitation limits include all of the expenses incurred for preparing medical reports and conducting examinations and assessments.

Funeral and Death Benefits

Here is a list of benefits your insurer should pay:

  • A maximum of $6,000 for the funeral expense;
  • A benefit of $ 25,000 to the deceased person’s spouse;
  • A benefit of $10,000 to the person that was dependent on the victim of the accident; and
  • $10,000 to the victim formerly dependent spouse.

Note that these amounts may be different if the policy holder had purchased certain optional benefits.

The insurer should also reimburse funds for:

  • Damage to clothing;
  • A maximum benefit of up to $15,000 for students’ education expenses;
  • Expenses incurred by those taking care of the injured while they undergo recovery. Such costs include hotel, travel, meals, and mileage. It is advisable to keep your receipts for such expenses safely if you expect your insurer to cater for such costs;
  • Expenses for home maintenance and housekeeping; The insurer should give up to $100 every week for such expenses if the victim experiences catastrophic impairment.

Ideally, your insurer is obliged to meet all your medical and rehabilitation expenses if you are involved in an accident. The insurance company can increase the benefits depending on the terms of the specific insurance policy that the claim is going through. Note that some insurance policies may include additional coverage for the victim resulting in greater benefits if they are involved in a car accident. It is essential to know more about your insurer and the benefits you are entitled to in case of an accident resulting in personal injury. Contact your lawyer or paralegal for advice on your accident benefits claim.