Can my family get compensated for my car accident claim?

The short answer to this question is "yes". There are many ways your immediate family can get compensated for your car accident claim.

Firstly, your family members, and anyone else who helped you may be entitled to Attendant Care Benefits or Housekeeping/Home Maintenance Benefits by way of Accident Benefit Claim from your own car insurance company. The persons who provided the help will need to complete an OCF-6 Form to get compensated to these benefits. These benefits are limited to $1,500/month for Attendant Care Benefits, and $100/week for Housekeeping/Home Maintenance Benefits. Both figures are for non-catastrophic claims. The limit for catastrophic claims increases to $3,000/month for Attendant Care Benefits. The limit of $100/week for Housekeeping and Home Maintenance remains the same for catastrophic claims.

Your immediate family such as your spouse, children, brothers, sisters or grandchildren may also be entitled to a Family Law Act Claim for the loss of guidance, care and companionship as a result of the car accident. These sort of claims are limited to the tort aspect of a person's claim. If the claim does not meet the threshold, then a Family Law Act claim will not be successful. Family Law Act claims do not cover the pain and suffering of a family member. They only cover the loss of guidance, care and companionship sustained to the family member as a result of the accident. If the relationship grew stronger or the accident helped to bring the family closer together, then there won't be any sort of loss of guidance, care or companionship and the Family Law Act claim will be weaker.

Just like tort claims for pain and suffering, there is a separate deductible for Family Law Act claims. Each claim is subject to a $15,000 deductible. The deductible does not apply for fatality claims. So, if at trial, a Judge awards the spouse of an accident victim $20,000 for their loss of guidance, care and companionship, that $20,000 is really only a $5,000 award after the $15,000 deductible is applied.

Next Page: How long will my personal injury case last? >>

Sunnybrook Foundation OBIA OTLA American Association for Justice