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Specialty Risk and Insurance Areas of Focusin Toronto, London & Kitchener-Waterloo

Statutory Accident Benefits

These are the first party benefits to which a person is entitled when they are injured in a motor vehicle accident. Our firm is skilled in assisting and advising the insurer throughout the statutory accident benefits claim process on the appropriateness of paying these benefits and if necessary, in defending this position should a dispute ensue.

We can help you determine a variety of issues relevant to accident benefits matters, including:

  • whether the event was an “accident”;
  • whether the injured person is, in fact, an insured person under the policy and entitled to benefits;
  • whether the injured person is catastrophic;
  • whether certain benefits are payable; and
  • whether the benefits paid can be recovered from another insurer through the Loss Transfer provisions or if payment of benefits can be shifted entirely to another insurer through the Priority rules.

Additionally, Lerners has extensive knowledge of all of the procedural difficulties commonly encountered by an insurer when administering payment of these benefits.

Let us help you.