On July 1, new auto-insurance rules took effect in Ontario. Most statutory accident benefits are now optional.
That means policies are no longer automatically required to include benefits such as income replacement, non-earner benefits, caregiver benefits, housekeeping assistance, or death and funeral benefits.
Medical, rehabilitation and attendant-care benefits remain mandatory.
These changes should be especially concerning for pedestrians, cyclists and passengers who do not own a vehicle and are not covered under a family member’s auto-insurance policy.
In Ontario’s no-fault system, someone struck by a vehicle can still apply for mandatory accident benefits.
But under the new
rules, optional benefits generally cover only the policyholder, their spouse, their dependants and drivers listed on the policy.
That means an unrelated cyclist or pedestrian may not be entitled to the striking driver’s income-replacement or other optional benefits - even when the driver purchased them.
Imagine that you are walking or cycling with your child and a driver strikes you.
If neither you nor your child is covered under an applicable auto policy of your own, you may now be left without many of the financial supports that were previously available through the accident-benefits system.In other words, people who do not own cars may have less control over the protection available to them after being injured by one.
Today, I wanted to bring Dave Shellnut, AKA The Biking Lawyer, onto the show to discuss these changes. Dave started his law firm in 2020 to assist cyclists injured in by traffic violence.
Since then, his firm has assisted hundreds of cyclists get the compensation they deserve.
