BI Claim Process

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You must file a Statement Of Claim (SOC) with the court within 2 years of the motor vehicle accident. You must then have someone other than yourself provide the SOC to the at fault person.  

The person who filed the SOC is the Plaintiff and the person the SOC is against is the Defendant.     

The Defendant should immediately provide their auto insurance company with the SOC in order for the insurance company to respond to the SOC as well as represent the Defendant.  The insurance company of the Defendant will then assign the appropriate individuals, such as an adjuster and lawyers, to handle and respond to the SOC on the Defendant's behalf.  

Once the insurance company of the Defendant is notified of the SOC, the insurance company will do a variety of investigations to determine the validity of the damages claimed and the Defendant's responsibility for the damages claimed. 

The investigations by the insurance company will include, but not limited to: 

• getting you to undergo a Statement Under Oath regarding the accident and the damages claimed 
• obtaining your decoded OHIP summary
• obtaining your clinical notes and records from healthcare professionals you saw before and after the accident
• obtaining a copy of your accident benefits claim file

A successful BI claim is when there is a settlement of your claim without going to a court trial or after a court trial where a judge or a jury awards you damages. If your claim is successful, the insurance company of the Defendant will pay you on behalf of the Defendant up to the policy limit. If your award exceeds the policy limit, the excess amount will be the responsibility of the Defendant to pay you out of their own pocket. 

The payment of damages are generally made in a lump sum amount years after the accident; not within 30 days as is the case with an AB claim. 

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