Accident Benefits: A Practical Desk Reference is an easy-to-use reference tool designed to help lawyers, paralegals, law clerks, and insurance adjusters properly file, negotiate, and complete accident benefits claims.

Accident Benefits analyzes the many forms of compensation available to injured parties after motor vehicle accidents, and contains insightful practice tips for all parties involved in a claim. This indispensable resource includes OCF forms, application documents, model letters, and precedents. It covers the regime before and after 2016 changes, highlighting key differences.

The author team has drawn on their extensive knowledge and experience to create a comprehensive guide for all stakeholders in an accident benefits claim. Access to a companion website is included with a print or ebook purchase (see Companion Website tab).

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• Grey-shaded areas in the textbook highlight proposed changes which will come into effect in 2016
• Procedural and tactical focus, including practice tips for plaintiff, defence, law clerks, paralegals, and insurance adjusters
• Analysis of the different types of compensation provided to injured parties after motor vehicle accidents
• Income replacement, non-earner benefits, caregiver benefits
• Medical benefits, rehabilitation benefits, attendant care benefits, disability benefits
• Housekeeping benefits, home maintenance benefits
• Optional benefits, dependent care benefits, indexation benefits
• Other expenses related to the injuries sustained in a car accident
• OCF forms and application documents
• Model letters, helpful tables, and precedents
• Rules of professional conduct for paralegals are dispersed throughout the text

Chapter 1: Introduction to Statutory Accident Benefits
Chapter 2: Procedure for Claiming Benefits
Chapter 3: Medical and Rehabilitation Benefits
Chapter 4: Payment of Benefits
Chapter 5: Insurer Examinations, Insurer Rights, and Applicant Obligations
Chapter 6: Attendant Care Benefits
Chapter 7: Income Replacement Benefits
Chapter 8: Non-Earner Benefits
Chapter 9: Caregiver and Housekeeping Benefits
Chapter 10: Optional Benefits and General Exclusions
Chapter 11: Catastrophic Impairment
Chapter 12: Interplay Between the SABS and Other Legislation
Chapter 13: Dispute Resolution: Mediation
Chapter 14: Dispute Resolution: Arbitration or Trial
Chapter 15: 2016 Changes to the SABS
Chapter 16: Tort Considerations
Chapter 17: Advocacy Tips

Appendixes

• Appendix A: Regulations and Guidelines
• Appendix B: Statutory Accident Benefits Schedule (SABS) Claim Forms
• Appendix C: Dispute Resolution Forms
• Appendix D: Precedents
• Appendix E: Glossary

Index
Credits

In order to access the Accident Benefits companion website, please follow the instructions on the inside front cover. The companion website includes the following forms, legislation, rules, and editable precedents:

Regulations and Guidelines

• Statutory Accident Benefits Schedule, O Reg 34/10

Statutory Accident Benefits Schedule (SABS) Claim (OCF) Forms

• SABS Claim Forms (FSCO)

Precedents (Editable Word Documents)

• Sample Statement of Claim
• Sample Statement of Defence
• Sample Acknowledgment re: Settlement Funds and Referral Fee
• Sample Withdrawal of Election for WSIB Benefits

Other Resources

• Dispute Resolution Practice Code
• Licence Appeal Tribunal Rules of Practice (May 2014)
• Superintendent’s Report on the Definition of Catastrophic Impairment in the Statutory Accident Benefits Schedule (15 December 2011)
• Insurance Act, RSO 1990, c I.8, part VI

"As a busy practitioner in accident benefits, navigating the complexities of the SABS legislation can be daunting, especially if you have limited knowledge of the system. Accident Benefits: A Practical Desk Reference has filled a void in the legal field and has made it easier for me to find answers to specific questions, provided me with great practice tips and has helped me improved my understanding of the regulations. I would recommend that anyone who is considering representing SABS claims purchase this book to help guide them towards the best resolution for their clients."

—Crystal Krandel, Grillo Barristers Personal Injury Lawyers

"I recently purchased Accident Benefits and as a newly called lawyer, I find this book fantastic. I have been looking for such a text for a long time. It's an excellent reference for lawyers."

—Kristofer B. Angle, Personal Injury Lawyer

"Other books may discuss cases that deal with monetary rewards for specific types of injuries…however, as yet there has been no step-by-step guide on how to start an accident benefits claim, or see if through to its conclusion. This book fills that gap."

Read the full review here.

—Daniel Perlin, Reference Librarian, Osgoode Hall Law School Library, York University

Detailed table of contents + excerpts from chapters 15 and 17