Accident Benefits for Minors – Not so Minor
The Statutory Accident Benefits Schedule – Effective September 1, 2010, often referred to as the “SABS”, is a regulation that governs accident benefits in Ontario. Together with the ever-evolving case law, it creates important protections and benefits for minors (individuals under the age of 18) who find themselves involved in motor vehicle accidents.
In part, the SABS does this by carving out exceptions for minors. For instance, an insured person who was an adult at the time of the motor vehicle accident can only rely on medical, rehabilitation, and attendant care benefits for the duration of five years from the date of the accident, unless they are deemed catastrophically impaired. In comparison, an insured person who was a minor at the time of the accident has until their 28th birthday to use these benefits. Furthermore, in addition to having access to the same avenues that adults do for obtaining the designation of “catastrophic impairment”, which entitles them to enhanced accident benefits, minors can meet that threshold by having a traumatic brain injury that meets certain criteria set out in the SABS.
The SABS also provides for the payment of lost educational expenses, which benefits both minors and adults. These are expenses incurred before the accident for tuition, books, equipment, or room and board in respect of the program term or program year in which the insured person was enrolled at the time of the accident, if the expenses are related to the program that the insured person is unable to continue. The insurer is required to pay up to $15,000 for lost educational expenses incurred by or on behalf of the minor.
There are some gaps in the SABS, however, that negatively affect minors. One such gap is created by the provision that non-earner benefits are not payable to minors, and not for more than two years after the motor vehicle accident. Until recently, this section of the SABS results in minors being unable to claim non-earner benefits, valued at $185 per week for up to two years post-accident. Fortunately, this matter was recently dealt with at the Licence Appeal Tribunal, the adjudicative body for accident benefits disputes, which has ruled that the non-earner benefits can be payable upon the insured person turning 18 years of age.
Knowing which accident benefits are available to a minor, when, and on what basis, can be daunting. If ever you need guidance, do not hesitate to contact any of our personal injury lawyers to explore your options properly. At Singer Kwinter, we have close to 50 years of experience achieving the best outcome for our clients when dealing with insurance companies.
