Sep 3, 2014
The first step is to notify your own insurance company of the motor vehicle accident.
The legislation states you must notify the insurance company within seven days if the police did not attend the scene and within 30 days if the police did come to the scene.
Ask your own insurance company for an OCF 1 - Application for Accident Benefits. This application will also include:
These are the primary forms required that should be immediately filled out following the accident. The OCF 1 is completed by the injured party. The OCF 2 is for completion by your employer. The OCF 3 is to be completed by your family doctor. The OCF 6 is to claim any expenses you have incurred as a result of your accident and if you continue to incur expenses you should make claims regularly to avoid denials by your insurer.
The importance of submitting these forms immediately is that the insurance company is not obligated to begin processing your claim until the forms are completed. If you are off of work and/or require an income replacement benefit, the insurance company will only be required to pay benefits if the appropriate forms are signed and returned to them. If you do not seek immediate medical attention at the hospital, then it is very important that you see your doctor within days following the collision so that they can document your injuries from the accident.
It is also important to note that if you have coverage through work, your spouse’s work or parents, then you have an obligation to submit any expenses to them first as they are the first payor of any medical expenses.
If your treating doctor recommends physiotherapy, chiropractic treatment, massage therapy, occupational intervention, etc. you are entitled, with the assistance of your family doctor to choose the facility you attend. You are under absolutely no obligation to choose from any preferred list provided by your insurance company. The sooner you obtain recommendations the more opportunity you have to obtain quick and efficient treatment for your injuries.
With the new changes to the legislation, it is vitally important to consult a lawyer or accident benefit consultant who specializes in personal injury law to learn of your rights under the no-fault legislation and your legal rights against the at-fault driver.
Insurance companies are required to follow very specific timelines that the legislation sets forth in the Act. If the insurance company does not respond in the timelines the Act provides, there are many situations where the recommendations for treatment will be automatically deemed approved.
There are many, many steps throughout the process that you or the insurance company may be required to complete and seeking legal advice can be a very important tool in deciding if you need assistance.
Accident Benefit Consultants can assist with filling out forms and help navigate through the process.