You must file a formal application in the prescribed form with the Accident Benefits Insurer. The specific automobile insurer is the first of the following list that applies to you:
- The insurer of the vehicle you own or are insured for;
- The insurer of the vehicle in which you were travelling when injured;
- The insurer of any other vehicle involved in the accident.
- If there is no insurer described in 1), 2), or 3) (above), you must apply to the Motor Vehicle Accident Claims Fund.
There are important time limits that you must comply with in order to obtain Accident Benefits and maintain your continuing entitlements:
You MUST provide notice to the accident benefits insurer within 7 day of the accident;
You MUST complete and submit an application for accident benefits within 30 days of receipt from the insurer.
As part of the application process, your treating health care professional and your employer must complete certain forms. In addition, you may be required to do some or all of the following:
Furnish the insurer with information they need to determine entitlement to accident benefits, including hospital and family physician records;
- Provide a health practitioner's disability certificate;
- Provide a statutory declaration about the circumstances giving rise to your claim;
- Attend an examination under oath to be questioned by an insurer's representative;
- Attend for a medical examination on behalf of the insurer.
Although insurers are within their rights in requiring the foregoing, it is highly advisable to have representation by capable legal counsel to ensure that you do not supply any more information than you are required to provide, that examinations and statements are taken fairly and recorded accurately and that you are protected against oppressive and intimidating behaviour. Be aware that anything provided by you to the insurer, intentionally or not, becomes part of the insurer's file and can have a negative impact on the resolution of your case.
