If you have had a motor vehicle accident, you will probably receive forms from your insurance company to complete. Alternatively, you might download the forms from the FSCO website. These forms relate to your application for Statutory Accident Benefits, also known as “no-fault” benefits in Ontario.
In order to claim Statutory Accident Benefits, you MUST complete these three documents:
- Application for Accident Benefits (OCF-1)
- Employer’s Confirmation (OCF-2)
- Disability Certificate (OCF3).
You will also receive a Permission to Disclose (OCF5), and Expense Claim (OCF6), a Treatment and Assessment Plan (OCF18) and a Treatment Confirmation (OCF 23). These forms are not mandatory and are not needed to start your claim.
Timelines for Completing the Statutory Accident Benefit Forms
There are timelines for completing the statutory accident benefit forms, but being a little but late will usually not cause problems, especially if there is a good reason.
The Application for Accident Benefits, OCF1, should be submitted within 30 days from the day you receive the forms.
The Disability Certificate, OCF3, should be submitted within 10 days of the completion of the Application for Accident Benefits.
Who Should Complete the Statutory Accident Benefit Forms
The Application for Statutory Accident Benefits, OCF1, should be completed by the person applying for accident benefits. That person is referred to as the “claimant”. A lawyer or a paralegal can help the claimant complete the form. Auger Hollingsworth regularly assists clients with this form.
The Employer’s Confirmation, OCF2, has a section that is completed by the claimant. The balance of the form is to be completed by the claimant’s employer. If the claimant has had more than 1 employer over the past 52 weeks, each employer should complete a copy of the OCF2.
The Disability Certificate, OCF3, has a section that is completed by the claimant. The balance of the form is to be completed by a health practitioner. This includes a physician, chiropractor, dentist, occupational therapist, optometrist, psychologist, physiotherapist, nurse practitioner and speech language pathologist. We highly recommend whenever possible that your PHYSICIAN complete the form. He or she can submit an invoice for completing the form together with the form.
Where do you Send the Forms
If you received the forms directly from your own auto insurer, the return address is probably stamped on the forms, or identified in the cover letter that accompanied the forms. Send them there.
If you downloaded the forms, you will have to determine where to send them. Remember that where you send your forms is not dependent on who was at fault for the accident. Consider:
- If you have your own car insurance on your own car, send it to that insurer. That is true even if your own car was not involved in the accident.
- If you are listed as a driver on an insurance policy, send it to that insurer.
- If you are dependent on someone or the spouse of someone who has his / her own insurance or is listed on an insurance policy, send it to that insurer.
- If you do not have insurance and are not a spouse or dependent of someone with insurance, send the forms to the insurance company that covers the vehicle you were in at the time of the accident.
- If you do not have insurance and are not a spouse or dependent of someone with car insurance and were struck as a pedestrian or cyclist, send the forms to the insurance company of the vehicle that struck you.
- If you do not have insurance and are not a spouse or dependent of someone with car insurance and the vehicle you were in does not have insurance, send the forms to the insurance company for any other vehicle involved in the accident.
- If all else fails, send the forms to the Motor Vehicle Accident Claims Fund.
Need Help Completing your Statutory Accident Benefit Forms?
At Auger Hollingsworth we help accident victims complete Accident Benefit forms on a regular basis. Why not give us a call to see if we can help you? Call us at 613 233-4529 for a free no obligation appointment.