Navigating Your Application for Accident Benefits

After a motor vehicle accident, one of the first steps required before you will receive any compensation is to complete an accident benefits (AB) application package.  Navigating this process may seem daunting but an AB claim is the first of two potential ways of receiving financial support when you’ve been injured (the other is a lawsuit, also known as a tort claim) so it’s important that it’s done properly.

What is an Accident Benefits (AB) Claim?

AB claims help victims involved in motor accidents receive access to essential benefits, which can include:

• Income replacement
• Housekeeping and home maintenance costs
• Lost educational expenses
• Medical, rehabilitation and attendant care costs
• Expenses to reimburse damaged clothing or accessories (like glasses)

Getting help with your forms

Navigating all of the necessary forms is challenging but not something you need to do alone. An experienced personal injury legal team who knows the ins and outs of accident benefits – such as the team at Fosters Law – can help you with this process. We ensure our clients are aware of the different forms and deadlines, and even assist them in completing complicated paperwork. By having someone who understands the process in your corner, getting compensated can become a lot easier.

Here are some common questions (and answers!) about the application process we hear from our clients:

When do I need to complete the forms?

After the accident, you have seven days to let your insurance company know that you’re planning to submit an AB claim. You will then have another 30 days to complete your AB application. There are exceptions to these deadlines though, so please don’t be deterred from getting started if you have missed them.

Which forms do I need to complete?

There are five forms in the application package you will receive from the insurance company. However, you might not need to fill out all five.  Fosters Law can help you determine which ones you’re required to complete.

• Application for Accident Benefits (OFC – 1): If this is your first time applying for benefits after an accident, you need to fill out this form. There are a number of benefits you may be eligible to receive and expenses that can be reimbursed. Even if you’re retired or self-employed, you might still be eligible for benefits like lost wages. You should return this form within 30 days of receiving your application package.
• Employer’s Confirmation of Income (OCF – 2): Complete this form with your employer. If you’ve had more than one employer in the past year, you may need to ask your former employer(s) to complete this form too. Fosters Law can help determine whether that will be necessary.
• Disability Certificate (OCF – 3): Complete this form with your healthcare practitioner, such as your chiropractor, dentist, speech pathologist, or occupational therapist. If you are filling out this form, you will also likely be asked to complete the OCF-5 with the practitioner.
• Permission to Disclose Health Information (OCF – 5): Complete this form to allow your healthcare practitioner to disclose your medical information to your insurance company. Because your insurance company needs access to your confidential medical records, this form is necessary whenever your healthcare practitioners are disclosing information to your insurance company.
• Treatment Confirmation Form (OCF – 23): Complete this form with your healthcare practitioner if the accident occurred on or after September 1, 2010, and your injuries appear to be “minor” in nature.  Fosters Law can assist you in determining whether your injuries are appropriately characterized as “minor”. This form is for goods or services your healthcare practitioner authorizes.

What happens after I submit the forms?

After you’ve completed the forms, your insurance company will review the submission and let you know which benefits you’re entitled to receive. If they need any other information from you, they’ll contact you directly, unless you have indicated on your forms that you are represented.  Early representation by a lawyer can make good sense in some situations.  Fosters Law will be happy to review your case and let you know if your case warrants early representation.

What if I don’t have insurance?

Even if you don’t have auto insurance, you can still make a claim. For example, if you were a passenger in someone else’s car during an accident, you can apply through the insurance company that insures the vehicle involved. If you were a pedestrian injured in an accident, you can apply through the insurance company of the car that hit you.  If you are unable to identify an insurance company involved, Fosters Law may be able to help.

If you don’t have insurance and there’s no other company to submit to, you might still be able to submit your claim to the Motor Vehicle Accident Claims Fund as a last resort. Again, assistance from a personal injury lawyer in such cases can make good sense.

Who can help me through this process?

Paperwork is the last thing you want to worry about after an accident, but getting your forms and applications submitted is an important step in making sure that you receive the compensation, treatment and assistance available to you. The Fosters Law team has the expertise to help you through this process – including making sure the right forms are submitted by the required deadlines.

And remember, there is no charge for our initial consultation and no fee once we agree to take your case.

We’ve helped so many people successfully navigate the application benefits application process and receive the compensation they deserve. And we are ready to help you.Give us a call to discuss how we can help you recover your lifestyle.