Income replacement benefit denial dispute
Disputing an insurer's refusal or termination of income replacement benefits after a car accident.
What is included
- Reviews your accident benefits file, the denials and the medical reports
- Explains the benefits available under the Statutory Accident Benefits Schedule and the coverage on your policy
- Prepares and files the application to the Licence Appeal Tribunal
- Gathers medical evidence and represents you at the case conference and hearing
- Negotiates with the insurer, including on any settlement offer
What is not included
- Medical reports, records and other disbursements, unless the lawyer's retainer says otherwise
- Appeals or separate claims, unless the lawyer agrees to them in writing
- Any costs award against you, unless the lawyer's retainer covers it
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- People whose accident benefits were denied or cut off
- People seeking a catastrophic impairment designation
- People considering an insurer's settlement offer
Information to have ready
- 1The insurer's denial letters and explanations of benefits
- 2Your accident benefits application forms and treatment plans
- 3Medical reports and insurer examination reports
- 4Proof of income and employment, if claiming income replacement
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
The lawyer usually charges a percentage of what is recovered, agreed in writing before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
What are accident benefits?
In Ontario, people hurt in a vehicle collision can usually claim no-fault accident benefits from an auto insurer, such as medical, rehabilitation and attendant care benefits. For accidents on or after July 1, 2026, other benefits, such as income replacement, may depend on the optional coverage on the policy. A separate lawsuit against an at-fault driver may also be possible.
Should I talk to the other side's insurer?
Be careful about giving recorded statements or signing releases before speaking to a lawyer. Report the incident to your own insurer promptly, as your policy requires.
Will my case go to trial?
Many injury claims settle before trial, but some do not. The lawyer explains the options, and the decision whether to accept a settlement is yours.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No settlement amount or result can be guaranteed
- Missing a limitation period or notice deadline can end a claim
- Keep following your doctors' advice and keep records of treatment and expenses
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