Any resident of Ontario can seek Statutory Accident Benefits, after getting involved in a collision. That is a privilege enjoyed by any resident of Ontario that has purchased a car insurance policy. Ontario does not seek to learn who might be held liable for a given accident, before making that benefit available to a given driver. Still, the person that has chosen to go after the Statutory Benefits does have to meet certain other requirements.
Documents requested of victim
• Declaration of circumstances
• Proof of identity
• Address at which victim resides
• Any other information that might be needed for processing the claim
Besides sending all those documents, a victim might be asked to be present at an examination. That exam represents part of the insurance company’s effort to investigate a policy holder’s claim. The victim’s examination will not begin until he or she has taken an oath.
Details of exam that gets taken under oath
The questions and answers get recorded and transcribed. Once transcribed, those questions and answers can be given to a court reporter.
Insurer must respect certain restrictions, which have been laid down by the government. Insurer should make decided effort to pick a date, time and location that is convenient for the person that will be examined.
Insurers must send out a prior notice of the examination; that notice must include a reason for the examination. By using a lawyer, a victim could question the reason for the proposed examination.
Any of the victims can be represented by a Personal Injury Lawyer in St. Catharines of their choosing; the victim’s money must pay for the lawyer.
All of the questions asked must relate to the entitlement benefits. This restriction serves to remind the insurer that the company is investigating a policy holder’s claim, and not the issue of who can be charged with liability for the collision that is under investigation.
How often must any accident victim have to take the exam under oath, in order to claim the entitlement benefits?
The law declares that a single examination should suffice. Still, an insurance company could have more than one reason for examining any one of the accident victims. Keep in mind that residents of Ontario buy their policies from a private company.
If an insurance company has sold a policy to a certain driver, and that same driver gets held responsible for a given accident, the insurer of the liable driver must cover the damages suffered by the other party. If two different companies get held responsible, there could be a dispute, regarding how much money each company must pay. In such a situation, the government might ask that the appropriate driver offer a second oath and take a second examination.