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Statutory Accident Benefits Updates: What You Need to Know

October 30, 2024
Sheena Sodhi
Barrister, Solicitor & Notary Public

Ontario’s auto insurance system has long included mandatory accident benefits to provide financial support for individuals injured in motor vehicle accidents. Under the original Statutory Accident Benefits Schedule (SABS), policyholders received set benefits like income replacement, caregiver assistance, and non-earner benefits, which applied automatically to most standard insurance policies. But now, with the recent changes introduced by Ontario Regulation 383/24, effective July 1, 2026, many of these key benefits have shifted from mandatory to optional.

The Original Benefits

Under the old system, Ontario’s SABS offered a standardized set of benefits that were automatically included in auto insurance policies. These benefits provided critical financial aid for accident victims, including:

These benefits came with fixed amounts—$185 per week for non-earners, for example—and applied across the board, offering consistent coverage for all.

The New, Customizable System

With Regulation 383/24, the landscape has changed. Many of the accident benefits – like Income Replacement Benefits, Non-Earner Benefits, Caregiver Benefits, Housekeeping Benefits, Lost Educational Expenses, Visitors Expenses, Clothing Damage, Funeral Benefits, Death Benefits – are now optional. Policyholders can choose to purchase these benefits, tailoring their coverage to meet their specific needs.

For insurance professionals, this shift represents a significant opportunity. Insurers can now offer customizable packages that appeal to different client needs. Families looking for comprehensive protection can purchase higher limits on income replacement or additional coverage for caregivers, while individuals seeking more budget-friendly options may opt out of certain benefits they don’t foresee needing. This flexibility allows professionals to educate clients on balancing costs with coverage, offering tailored advice based on each family’s situation.

Why This Matters for Families

For families, this new system means more control over how they protect themselves on the road. Do you want to ensure that you’ll receive more than the basic coverage if you’re injured and unable to work? Or are you comfortable with a leaner policy, knowing that benefits like caregiver or non-earner coverage might not apply to your circumstances?

One important thing to note is that these optional benefits must be purchased before an accident—you can’t add them retroactively. This makes the decision to opt-in now crucial.

Can You Still File a Personal Injury Claim?

Even if you choose to opt out of some optional benefits, it’s important to understand that if you are injured in a motor vehicle accident in Ontario, you still have the right to file a tort claim. A tort claim allows you to seek compensation for pain and suffering, loss of income, and other damages caused by the accident. This provides additional protection, even if your accident benefits are limited due to your coverage choices.

The Choice Is Yours

The new changes give Ontario families the freedom to decide what level of coverage suits them best. However, this also means taking a closer look at what’s offered and making an informed choice about whether to opt into higher levels of protection. Consulting with an insurance professional or personal injury lawyer can help families navigate these choices, ensuring they are prepared for the unexpected without overpaying for unnecessary coverage.

In this new era of flexibility, it’s best to stay informed, ensuring that insurance policies provide the right balance of coverage and cost for you and your family.

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