Car Accident? Your Own Insurance May Owe You Benefits

Written by Daniel Wood, Partner, MacGillivray Law.

If you are injured in a car accident, you may be entitled to benefits through your own auto insurance policy.

These are commonly called Section B benefits or no-fault benefits.

At MacGillivray Injury & Insurance Law, we help people understand and access Section B benefits after car accidents throughout Atlantic Canada.

What are Section B benefits?

Depending on your province, policy and circumstances, Section B may help cover:

• Medical and rehabilitation treatment, including physiotherapy and other accident-related care;
• Loss of income benefits if your injuries prevent you from working;
• Housekeeping benefits in certain circumstances; and
• Death and funeral benefits following a fatal accident.

To learn more about the Section B benefits available in your province, visit our Section B benefits page.

Medical and rehabilitation expenses

Depending on your injuries, Section B may help cover reasonable and necessary accident-related treatment and expenses, including:

• physiotherapy;
• chiropractic treatment;
• massage therapy;
• psychological counselling;
• occupational therapy;
• prescription medications related to your accident injuries;
• ambulance bills;
• reasonable mileage or travel expenses to and from treatment appointments; and
• other medical or rehabilitation expenses related to your recovery.

In Nova Scotia, New Brunswick and PEI, Section B can cover up to $50,000 in eligible medical and rehabilitation expenses for up to four years after the accident. In Newfoundland and Labrador, medical coverage can be up to $25,000.

What if I have private health insurance?

If you have health benefits through your employer or a private insurance plan, those benefits may also come into play. Depending on the province and type of treatment, you may be asked to use other available health coverage before some expenses are paid through Section B.

This type of coordination between insurance plans is normal and does not necessarily mean that an expense is not covered. The rules can vary, so if you are unsure which insurer should be paying for your treatment, speak with your lawyer or Section B adjuster before paying significant expenses yourself.

Loss of income benefits

If your injuries prevent you from working, Section B may also provide a weekly loss of income benefit, sometimes called a weekly indemnity benefit.

The benefit will not necessarily replace all of your lost income. The amount depends on your province, your earnings before the accident, and any other income-replacement benefits available to you. In Nova Scotia, New Brunswick and PEI, it is generally based on 80% of your gross weekly income, up to a maximum amount and subject to certain deductions. Newfoundland and Labrador has different limits.

If you are unable to work, other benefits may also have to be considered. For example, you may qualify for Employment Insurance (EI) sickness benefits, sick leave through your employer, short-term or long-term disability benefits, or other income-replacement benefits.

Because Section B may take into account other income-replacement benefits that you receive or that are available to you, you may need to apply for EI sickness or other available benefits before the amount of your Section B weekly indemnity benefit can be determined. The interaction between these benefits can be complicated, so it is a good idea to speak with a lawyer at MacGillivray Injury & Insurance Law about what you should apply for and how your Section B benefit should be calculated.

Housekeeping benefits

Some people injured in car accidents are not employed outside the home but are responsible for most of the work required to maintain their household.

Section B can provide benefits in certain circumstances when the person who normally performs those household duties is unable to do so because of their accident-related injuries.

Death and funeral benefits

When a car accident results in death, Section B can also provide funeral expenses and death benefits to qualifying family members.

These benefits are separate from any wrongful death or fatal accident claim that may also exist against an at-fault driver.

Who can receive Section B benefits after a car accident?

Section B benefits are not limited to the person who purchased the insurance policy.

Depending on the circumstances, coverage may apply to the driver, passengers and certain other insured people. Pedestrians injured by a vehicle may also have access to accident benefits, although the insurer responsible for paying them can depend on the circumstances.

If you are unsure whether you qualify, a car accident lawyer can review the accident and the available insurance coverage.

What if my Section B benefits are denied?

Insurance companies may deny treatment, stop benefits or dispute whether certain expenses are covered.

A denial does not necessarily mean the matter is over.

MacGillivray Injury & Insurance Law regularly helps clients with denied or terminated Section B benefits. We can review the insurer’s decision, obtain supporting medical evidence and determine whether further action should be taken.

Do you need help after a car accident?

If you have been injured in a car accident and do not know what Section B benefits you are entitled to, or if your insurance company has denied your benefits, MacGillivray Injury & Insurance Law can help.

We have offices in Halifax, New Glasgow, Moncton, St. John’s and Charlottetown and regularly help clients with Section B benefits, car accident claims, personal injury claims, long-term disability claims and insurance disputes throughout Atlantic Canada.

We work on a no-win, no-fee basis. You do not pay legal fees until we secure compensation for you.

This article provides general information only and is not legal advice. Coverage, benefit amounts, coordination with other insurance or government benefits, and applicable deadlines can vary by province, insurance policy and individual circumstances.

Daniel Wood is a Partner in the Halifax office of MacGillivray Injury & Insurance Law. He helps people who have been injured in car accidents and other serious incidents like slip and falls, as well as individuals dealing with long-term disability and insurance claims. Daniel is committed to helping clients understand their rights and navigate the claims process during what can be a difficult and uncertain time.