If you were involved in a Motor Vehicle Accident while impaired by alcohol or drugs, you might assume you are automatically disqualified from receiving any compensation. This is an understandable assumption but it is not entirely true.
The short answer is YES, you can still make an Accident Benefits claim even if you were impaired at the time of an accident. However, a conviction for impaired driving will cut off accessibility to certain specified benefits — while other more basic benefits still apply.
Accident Benefits Are “No-Fault” — With Limits
In Ontario, Accident Benefits are part of a no-fault system. This means that regardless of whether you are at fault in a motor vehicle accident, you can generally claim benefits from your own auto insurance — Including instances of impaired driving.
If you’re convicted of one of these offences in connection with the accident, you lose access to certain “specified benefits” — generally the income-related and non-earner-type benefits. Other more fundamental benefits, like medical, rehabilitation, and attendant care benefits, are typically not affected in the same way and continue to apply.
A Charge Is Not the Same as a Conviction
This is an important distinction people often miss: being charged with impaired driving does not immediately cut off your benefits.
If you’re facing charges but haven’t yet been convicted, your insurer will generally hold the affected benefits “in trust” while the criminal case works its way through court. If you’re ultimately:
- Convicted — the exclusion applies, and those specified benefits are denied going forward
- Acquitted, or the charges are withdrawn or reduced — the held benefits may still be available to you
Exclusions
If you’re convicted of an impairment-related offence connected to the accident, the benefits that can be excluded are:
- Income Replacement Benefits — weekly compensation for lost income
- Non-Earner Benefits — weekly compensation for students, unemployed people, or others who don’t qualify for income replacement but no longer carry on a normal life
- Housekeeping and Home Maintenance Expenses — reimbursement for services you can no longer perform yourself
- Visitor Expenses — travel and accommodation costs for family visiting you during recovery
- Lost Educational Expenses — reimbursement for tuition or educational costs lost due to your injuries
Notably, medical, rehabilitation, and attendant care benefits are not on this list — they generally remain available even after a conviction, because they’re considered essential to your recovery rather than income-related compensation.
How HSK Law Can Help You
Impaired driving accident benefits claims raise complex insurance law issues, and insurers often look for any reason to deny or reduce a claim. Our personal injury lawyers review the full circumstances of your accident to determine exactly which benefits remain available to you, and we work to make sure you receive everything you’re entitled to.
Our lawyers have helped clients pursue accident benefits claims involving impaired driving and complex insurer denials.
If you or a loved one has questions about an accident benefits claim involving impaired driving, contact HSK Law for a free consultation.
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