Accident Benefits / SABS Lawyers in Ontario
After an Ontario auto accident you are entitled to no-fault accident benefits from your own insurer — regardless of who caused the crash. Azimi Law and Naimark Law Firm help injured people access the income, treatment, and attendant care they are owed under the Statutory Accident Benefits Schedule, and fight back when an insurer denies, delays, or terminates a benefit you need.
No-Fault Benefits, Explained in Plain Language.
Every automobile insurance policy in Ontario includes a package of accident benefits known as SABS — the Statutory Accident Benefits Schedule. These benefits are called "no-fault" because you can claim them from your own insurer whether or not you caused the collision, and even if you were a passenger, a pedestrian, or a cyclist struck by a vehicle. They exist to fund your recovery: replacing a portion of lost income, paying for treatment and rehabilitation, and covering the help you may need at home. SABS is entirely separate from any lawsuit against the at-fault driver, and the two can run at the same time.
The catch is that accident benefits are administered by insurance adjusters, and the system is built around forms, medical assessments, and deadlines that are easy to get wrong. A missed application date, an unreturned form, or an examination you did not understand the purpose of can all be used to reduce or shut off a benefit. Many injured people accept the first denial they receive because they assume the insurer's position is the final word. It is not. A great deal of what gets denied at the front end can be recovered with the right evidence and the right pressure.
Ryan Naimark practised for roughly two decades on the other side of these files, defending insurers in accident benefit disputes. He knows precisely how a claim is reviewed, where adjusters look to limit exposure, and which assessments and arguments actually move a file. Combined with Ben Azimi's litigation skill, that inside understanding is now devoted entirely to getting injured people the benefits they are entitled to.
Whether your insurer has placed you in the Minor Injury Guideline, refused income replacement, cut off treatment funding, or disputed a catastrophic-impairment designation, there is a defined route to challenge that decision at the License Appeal Tribunal. We guide you through every step and prepare the file as though it is heading to a hearing.
No Win. No Fee. Legal fees are a percentage of your recovery. The firm funds the disbursements needed to build your case. If there is no recovery, you owe nothing for legal fees.
Types of Accident Benefit Claims We Handle
SABS is a collection of separate benefits, each with its own eligibility test and its own way of being denied. We pursue every category that applies to your situation.
Income Replacement Benefit
If your injuries prevent you from working, this benefit replaces 70% of your gross weekly income up to a standard maximum of $400 per week. Insurers frequently dispute whether you meet the disability test, and timely, well-documented medical evidence is the key to keeping the benefit flowing.
Medical & Rehabilitation
Funding for treatment, physiotherapy, surgery, assistive devices, and other care you need to recover. For non-catastrophic injuries these benefits share a combined limit of $65,000; once an injury is found catastrophic, the limit rises to $1,000,000.
Attendant Care
If you need help with personal tasks such as dressing, bathing, or supervision, attendant care benefits pay for that assistance. The amounts available increase substantially once an injury is classified as catastrophic.
Escaping the Minor Injury Guideline
The MIG caps medical and rehabilitation funding at just $3,500 for injuries the insurer labels "minor." Many serious injuries are wrongly funnelled into the MIG. We build the medical case to remove you from it and unlock the full limits.
Catastrophic Impairment (CAT)
A catastrophic designation unlocks the highest benefit limits in the schedule. We assemble the medical evidence needed to establish a qualifying impairment and challenge the insurer when it refuses to accept the designation.
Other Specified Benefits
Non-earner, caregiver, housekeeping and home-maintenance, and death and funeral benefits can all apply depending on your circumstances and your policy. We review your coverage to make sure no available benefit is overlooked.
Benefits Available Under the SABS
These are the core benefits the schedule provides. The figures below reflect the standard limits; your actual entitlement depends on your injuries and the policy in force on the date of your accident.
Income Replacement
Replaces 70% of your gross weekly income, to a standard maximum of $400 per week, while your injuries keep you from working. A separate tort claim can recover income loss beyond this cap from the at-fault driver.
Medical & Rehabilitation
Pays for treatment, therapy, equipment, and home modifications. Non-catastrophic injuries share a combined $65,000 limit; a catastrophic designation raises that ceiling to $1,000,000.
Attendant Care
Covers the cost of a caregiver to assist with daily personal care. The available amount is modest for non-catastrophic injuries but becomes far more generous once an injury is found catastrophic.
Non-Earner & Caregiver
Support for those who were not employed at the time of the accident but suffer a serious disability, and for primary caregivers who can no longer care for dependants because of their injuries.
Housekeeping & Home Maintenance
Reimbursement for the housekeeping and property-maintenance tasks you can no longer perform yourself as a result of the collision, where the benefit applies to your claim.
Death & Funeral
Where an accident is fatal, the schedule provides death benefits to eligible family members and contributes toward funeral expenses, easing part of the financial burden on those left behind.
The Claims Process & Critical Deadlines
Accident benefit claims are governed by tight timelines, and an insurer's denial is not the end of the road. Knowing the steps — and the dispute process — protects what you are owed.
Notify Your Insurer — About 7 Days
Report the accident to your own insurer promptly, ideally within seven days. This opens the file and triggers the forms you will need to claim benefits.
File the Application — 30 Days
The Application for Accident Benefits (OCF-1) is generally due within 30 days of receiving the forms. We make sure it is completed accurately and submitted on time.
Document Your Injuries & Treatment
Consistent medical care builds the record that supports each benefit, helps remove you from the Minor Injury Guideline, and lays the groundwork for a catastrophic designation where applicable.
Respond to Denials & Insurer Examinations
If a benefit is denied or terminated, or the insurer requires you to attend an examination, we respond strategically — gathering the medical opinions needed to counter the insurer's position.
Dispute at the License Appeal Tribunal
When a benefit is wrongly refused, the dispute goes to the LAT. We prepare the application, marshal the evidence, and advocate for you through to a hearing if the insurer will not resolve it fairly.
Deadlines decide cases. Notice to your insurer is expected within about seven days and the OCF-1 within 30 days of receiving the forms. There are also strict timelines for disputing a denial at the License Appeal Tribunal. Because these windows are unforgiving, the smartest step is to call before a deadline decides your claim for you.
Why Injured People Choose Azimi Law & Naimark Law Firm
We Have Defended These Files
Ryan Naimark spent roughly 20 years on the insurer's side of accident benefit disputes. We know how SABS claims are valued and limited, and we use that knowledge for you.
We Are Trial Lawyers
We prepare each LAT dispute and tort claim as if it is going to a hearing. That readiness is what persuades insurers to fund the benefits you are entitled to.
Two Firms, Combined Depth
Azimi Law and Naimark Law Firm join forces so your file has the resources and bench strength of two established Ontario practices working together.
No Win, No Fee
You pay nothing up front and nothing for legal fees unless we recover for you. The firm funds the cost of building your case.
Frequently Asked Questions
Can I claim accident benefits if the crash was my fault?+
Yes. Accident benefits are "no-fault," which means you can claim them from your own insurer regardless of who caused the collision. They are separate from any lawsuit against an at-fault driver. Even if you were entirely responsible for the crash, you remain entitled to the medical, rehabilitation, and other benefits your policy provides.
My insurer put me in the Minor Injury Guideline. Can I get out of it?+
Often, yes. The Minor Injury Guideline caps medical and rehabilitation funding at $3,500 and is meant for genuinely minor injuries such as sprains, strains, and whiplash. More serious injuries are sometimes placed in the MIG anyway. With the right medical evidence showing your injuries fall outside the guideline, you can be removed from it and access the full benefit limits.
What does a "catastrophic impairment" designation change?+
A catastrophic designation is a defined category under the SABS that includes outcomes such as paraplegia or tetraplegia, severe loss of mobility or use of a limb, amputation, blindness, qualifying brain injury, 55% or more whole-person impairment, or a marked mental-behavioural impairment in several areas of function. The designation raises your medical, rehabilitation, and attendant care limits substantially — up to $1,000,000 — so it is well worth pursuing where an injury qualifies.
How much is the Income Replacement Benefit?+
The Income Replacement Benefit pays 70% of your gross weekly income up to a standard maximum of $400 per week while your injuries keep you from working. Insurers commonly dispute whether you meet the disability test required to receive it. If you believe the benefit was denied or terminated unfairly, we can help you challenge that decision.
My benefit was denied. What can I do about it?+
A denial is not the final word. Disputes over accident benefits are decided by the License Appeal Tribunal (LAT). We review the basis for the denial, gather the medical evidence needed to counter the insurer's position, file the dispute, and advocate for you through to a hearing if necessary. Strict timelines apply to challenging a denial, so contact us promptly.
Ontario's accident benefits are changing on July 1, 2026 — what does that mean?+
As of July 1, 2026, Ontario is making most accident benefits optional rather than automatic. Medical, rehabilitation, and attendant care benefits remain mandatory. Benefits such as income replacement, non-earner, caregiver, housekeeping, and death and funeral may depend on the coverage purchased on the policy. The benefits available to you generally depend on the policy in force on the date of your accident. We review your coverage carefully and pursue every benefit you are entitled to claim.
Can I claim accident benefits as a pedestrian or cyclist?+
Yes. If you were struck by an automobile while walking or cycling, you can claim accident benefits — generally through the insurer of the vehicle involved or, in some situations, your own auto policy. These benefits are available regardless of fault, just as they are for drivers and passengers. We can help you identify which insurer is responsible.
What does it cost to hire you?+
Nothing up front. We work on a contingency fee basis, meaning our legal fee is a percentage of what we recover for you, and the firm funds the disbursements required to advance your case. If there is no recovery, you owe no legal fees. We explain the agreement in plain language before you sign anything.
Denied an Accident Benefit? Talk to a Trial Lawyer.
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