Statutory Accident Benefits are a mandatory part of every Ontario auto insurance policy. Under Ontario’s “no-fault” system, these benefits are available to you regardless of who caused the accident. Whether you were the driver, a passenger, or even a pedestrian hit by a car in Los Angeles, your own Ontario insurance company is responsible for providing these benefits.
The Major Categories of Benefits
SABS are designed to provide immediate financial relief while your larger lawsuit in California is pending. There are four primary pillars of coverage:
1. Medical and Rehabilitation Benefits
U.S. healthcare costs are astronomical. While your U.S. litigation seeks to recover these costs eventually, SABS provides immediate funding for treatment not covered by OHIP. This includes physiotherapy, chiropractic care, psychological counseling, and specialized home modifications. Depending on the severity of your injury (Minor, Non-Catastrophic, or Catastrophic), this coverage can range from $3,500 to over $1,000,000.
2. Income Replacement Benefits (IRB)
If your injuries prevent you from returning to your job in Ontario, SABS can provide a weekly payment to help cover your bills. Generally, this covers 70% of your gross weekly income, up to a maximum of $400 per week (unless you purchased optional upgrades on your policy).
3. Non-Earner Benefits
If you were not employed at the time of the accident (such as a student or a retiree vacationing in Palm Springs) but your injuries severely limit your daily life, you may qualify for a set weekly benefit to assist with your living expenses.
4. Attendant Care Benefits
If your injuries are severe enough that you require a person to help you with basic daily tasks—like bathing, dressing, or preparing meals—SABS can fund the cost of a professional aide or a long-term care facility.
Why SABS Matter in a California Claim
You might wonder: If I’m suing the driver in California, why do I need my Ontario benefits?
The answer is timing. A California lawsuit can take one to two years to settle. In the meantime, you have bills to pay and a body to heal. SABS provides the “bridge” that allows you to access high-quality rehabilitation in Ontario immediately.
Furthermore, because California has low insurance minimums ($30,000), the money recovered from the at-fault driver may not be enough to cover a lifetime of care. SABS ensures that you have a guaranteed floor of support from your own insurer.
The Cross-Border Challenge: The “Election”
One of the most complex parts of a cross-border claim is the “Election of Benefits.” In some cases, you may have to choose between seeking benefits through the California system or the Ontario SABS system.
Choosing the wrong one can be a million-dollar mistake. A California lawyer will almost never understand the nuances of the Ontario Insurance Act. This is why our partnership is vital: The Simon Law Group handles the California litigation, while Cross Border Justice ensures your SABS file is opened correctly, your benefits are maximized, and your insurance company treats you fairly.
Your Local Advantage
Navigating SABS involves mountains of paperwork, strict deadlines, and frequent “Independent Medical Exams” requested by your insurance company. By working with us, you have a local Ontario firm to handle the adjusters in Toronto while your California team takes on the adjusters in Los Angeles.
