Section B Benefits Lawyers Edmonton

Whether you are a driver, passenger, motorcycle rider, cyclist, pedestrian, or other road user, if you are involved in a collision, in the blink of an eye, your entire life could change. Motor vehicle accidents can result in serious injuries. They can also end in fatalities. Recovering from your injuries can be a long process, as well as an expensive one. Additionally, the families of fatal motor vehicle accident victims could also face unexpected financial repercussions on top of their emotional and psychological distress.

All standard auto insurance plans in the Province of Alberta are required to include provisions for Section B benefits. Also referred to as “no-fault accident benefits,” Section B coverage is designed to offset certain costs incurred by injured motor vehicle accident victims, regardless of who was at fault for the collision. Section B benefits can also provide coverage to the bereaved families of fatal motor vehicle accidents to cover certain costs associated with their loved one’s tragic death.

The amount of coverage available to injured motor vehicle accident survivors is legislated by the Insurance Act’s guidance on Automobile Accident Insurance Benefits Regulation. Those who have been injured in motor vehicle accidents may be entitled to compensation for medically necessary services related to their injuries, including:

• Medical expenses
• Surgery
• Chiropractic treatment
• Dental work
• Hospital accommodations
• Psychological counseling
• Physical therapy
• Occupational therapy
• Massage therapy
• Acupuncture
• Professional nursing and ambulance services
• Medically necessary equipment
• Home and vehicle modifications
• Other services essential to the accident victim’s recovery

For the close relatives of fatal motor vehicle accident victims, Section B benefits could provide some financial support during an emotionally tumultuous time. Section B benefits can provide fatal accident victims’ grieving family members with:

• Up to $6150 for funeral service expenses
• Up to $500 per household member for grief counselling
• Up to $10,000 in death benefits

However, insurance providers do not always approve the claims of motor vehicle accident victims applying for Section B benefits. If you have been injured in an accident, the insurer may use its resources and legal rights afforded to it to delay or refuse payment. You may have a legal claim for coverage, but in some cases, that coverage can be disputed, and you may have to fight for your rights.

Our lawyers have experience helping deserving clients like you get the coverage they have been previously denied, as well as additional damages that have been incurred as a result of your claim’s initial denial. To learn more about working with us, call us today and receive a free initial consultation on your case.

What are Section B Benefits in Edmonton?

Section B benefits are mandatory benefits that are included in your standard automobile insurance package. Section B benefits are not only provided to the owner of the vehicle who purchased the insurance. The benefits are extended to passengers, and potentially cyclists or pedestrians who are struck by a motor vehicle. Section B benefits provide broad coverage to people injured in motor vehicle accidents, regardless of fault. For this reason, they are referred to as no-fault benefits. The insurer responsible for your Section B benefits will depend on whose vehicle you were traveling in, or if you were a pedestrian or cyclist, whether you have your own policy or not.

A useful way to think about Section B benefits is in contrast to the claims you can make against negligent drivers. In those claims, you are pointing the finger at one or more other drivers and alleging that their negligent driving caused the accident and your injuries. There is a law setting out the type of claims you can make in these fault-based claims, as well as caps on what you can claim for “minor injuries.” These types of claims are called tort claims. Tort is a legal word for wrong, and is based on some form of legal fault, in this case, negligence. Without fault, there is no tort. Tort claims aim to put people into the position they would be in but for someone else’s wrongdoing. This system works well for people who are not at fault in motor vehicle accidents.

Unfortunately, in most accidents, there is at least one at-fault victim. If that person is injured, the tort system provides them with no compensation or benefits for their injuries. Section B benefits help fill the gap and provide coverage for that class of people where there would not be any recovery through the tort claim. Also, even if you are not at fault for an accident, fault may be in dispute. It may not be obvious right away that you are not at fault. And, further, you may not get any compensation whatsoever, even if fault is admitted, until the conclusion of the claim. That could be years after the accident. In the meantime, you can be out of work and unable to access benefits or medications. Section B benefits allow those who are at fault, as well as those who are not, to access benefits and medications in a timely manner. Even for those who are not at fault for the accident, this can be a valuable resource available at the beginning of a claim rather than the end.

Section B benefits are considered excess insurance, which means if you have other insurance coverage that covers the same thing, say through your employer, that insurance will pay first. Section B benefits are a government-mandated benefit scheme to protect those people who are injured in motor vehicle accidents who do not otherwise have access to benefits. The best way the government can do this is to have the benefits apply to as many people as possible, but to balance that obligation, to make it secondary to anyone’s existing insurance coverage.

Section B benefits provide general classes of benefit coverage. They cover medical and treatment expenses. These benefits could include expenses incurred on physiotherapy, pain medications, crutches, and many other items or services available to treat injured people. Section B benefits have a disability component. If you are employed and are unable to work, you may be entitled to disability benefits under Section B of up to $600/week. If you are not working but you are unable to do housekeeping tasks, you may be eligible for up to $200 per week. There are benefits for loved ones in the event of a death caused by a motor vehicle accident.

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What types of compensation are available through Section B Benefits claims

Section B benefits cover several different areas where you may be financially affected in a motor vehicle accident. The first area is medical benefits. If you are injured in a motor vehicle accident, you may incur many expenses as a result. These could include treatments for medications, aids, braces, or other treatments. There is a general coverage limit of $50,000 per person for expenses incurred within two years of a motor vehicle accident. That does not mean you automatically get $50,000 worth of items or services. The expenses must be reasonable. In addition, there are specific limits on certain benefits, such as massage, acupuncture, and chiropractic treatment. To receive these benefits, you must incur them upfront and then seek reimbursement from the insurer responsible for your Section B claim.

Section B benefits cover you if you are disabled because of a motor vehicle accident. To get wage loss benefits, you must be employed at the time of the accident. If you have a job at the time of the accident, then you are employed. If you do not have a job, you may be deemed “employed” to receive Section B benefits if you have worked at least six months out of the past twelve. There is a formula based on your income to determine the amount of the benefit, which is essentially 80% of your wages up to $600/week. If you are not employed, you may still be eligible for disability benefits, but the benefits are not for wage loss. If you cannot do your household tasks, then you may be entitled to up to $200/week. The time limit on these claims is two years.

Finally, if a loved one is unfortunately killed in a motor vehicle accident, Section B benefits can provide some financial compensation for the immediate family.

How can our Edmonton Section B Benefits lawyers help with your claim?

If you have been injured in a motor vehicle accident, you should consider contacting our legal team to assist you with your claim. Section B benefits are a separate but related claim to your fault-based claim. The two claims proceed in parallel to one another and complement each other.

For example, a common defence that insurance companies use in defending fault-based claims is to allege that you failed to mitigate your damages. They will claim you failed to get the reasonable treatment early on that may have lessened the extent of your injuries. This is a defence they are allowed to bring up in law. Your Section B claim allows you to get into treatment early on and removes some of the financial barriers that might otherwise prevent you from doing so. Our Edmonton Section B benefit lawyers can help ensure that you are following up with your doctor appropriately to get treatment recommendations, and then assist in having those treatments approved by your Section B insurer. Note: your Section B insurer may be a different insurer from your fault-based claim insurer. Whether they are or not, our lawyers will help ensure the barriers for you getting treatment are removed.

If there is a denial of Section B benefits for whatever reason, our Section B benefits lawyers can review the basis of the denial, assess the merits of your claim, and advocate for you to receive the benefits you deserve.

Book a Free Consultation With Our Edmonton Section B Benefits Lawyers

No one should be forced to stand up to an insurance company on their own. If you were injured in a motor vehicle accident or lost a loved one as a result of a collision and your claim for no-fault accident benefits has been denied, contact us today for your free initial consultation with our legal team today.

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