The aftermath of a fatal car accident is a devastating experience for families and loved ones. In Ontario, the Statutory Accident Benefits Schedule (SABS) provides financial support through death and funeral benefits to help alleviate some of the financial burdens during this difficult time.
What are Death Benefits?
Death benefits are a type of financial compensation paid to the surviving spouse and/or dependents of an individual who has died as a result of a car accident in Ontario.
Who is Eligible for Death Benefits?
Eligibility for death benefits generally depends on the relationship between the deceased and the claimant. Eligible claimants may include:
- Spouse: The legal spouse of the deceased.
- Children: Each of the insured person’s dependants and to each person to whom the insured person had an obligation at the time of the accident to provide support under a domestic contract or court order.
How Much Can Be Claimed in Death Benefits?
The standard amount is a lump sum payment of $25,000 to the spouse, with additional amounts of $10,000 payable to each dependent children.
What are Funeral Benefits?
Funeral benefits are intended to cover the reasonable expenses associated with the funeral and burial of a person who died as a result of a car accident. These expenses can include:
- Funeral home services
- Casket or cremation costs
- Transportation of the deceased
- Memorial service expenses
- Other related costs
Who is Eligible for Funeral Benefits?
Eligibility for funeral benefits is typically extended to the person responsible for arranging the funeral. This could be a family member, executor of the estate, or another designated individual.
How Much Can Be Claimed in Funeral Benefits?
Under the standard Ontario auto insurance policy, the maximum amount payable for funeral expenses is $6,000. However, some policies may offer optional coverage for higher amounts.
How to Apply for Death and Funeral Benefits
- Notify the Insurance Company: Inform the deceased person’s insurance company as soon as possible about the accident and the resulting death.
- Complete the Application: The insurer will provide application forms for death and funeral benefits. Fill them out accurately and provide all required documentation, such as death certificates, proof of dependency, and funeral expense receipts.
- Seek Legal Assistance: Dealing with the aftermath of a fatal accident is incredibly difficult. A personal injury lawyer can guide you through the claims process, ensure your rights are protected, and help you obtain the maximum benefits you’re entitled to.
Key Considerations
- Time Limits: Strict deadlines apply for submitting your claims for death and funeral benefits. It’s crucial to act promptly to avoid losing your eligibility.
- Proof of Relationship and Dependency: You’ll need to provide documentation to establish your relationship with the deceased and demonstrate dependency, if applicable.
- Legal Advice: If you encounter any challenges or have questions about the process, don’t hesitate to seek legal counsel from a qualified personal injury lawyer.