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Section B Benefits

Section B in Prince Edward Island

Reviewed by Michael Murphy, K.C., Senior Counsel · Updated

Section B in Prince Edward Island is mandatory accident benefits coverage, written into every standard automobile policy issued in the province. It pays without regard to fault, and it covers drivers, passengers and people struck as pedestrians or cyclists. On an Island where most collisions involve two locally insured vehicles, the priority question usually resolves quickly and the benefits open within days.

What the Coverage Pays For

The coverage answers medical and rehabilitation expenses that provincial health insurance does not carry, such as physiotherapy, chiropractic care, prescriptions, dental repair and mileage to treatment. It pays a death benefit and a funeral allowance to dependants. It pays a weekly income benefit during total disability. A maximum per person applies to the medical part, and the expense has to be incurred within a fixed number of years of the crash, both figures coming from the standard policy form rather than from any published schedule.

The Weekly Income Benefit

The income benefit replaces a percentage of gross weekly earnings up to a weekly maximum set by the policy. Payment begins after a waiting period, and the total disability has to start within a short window after the accident. The benefit runs on an inability to do your own work for a defined number of weeks, and past that point only where you cannot engage in any occupation. A homemaker or a person not employed at the time may qualify for a lower weekly amount.

Claiming the Benefit

Tell your own insurer promptly, because notice and proof of claim deadlines run from the accident rather than from the first refused treatment. Keep receipts for everything, including mileage, because reimbursement is expense by expense. If treatment is cut off, the refusal is a decision you can challenge, and the time to sue on it is shorter than the ordinary limitation period. An adjuster who stops approving physiotherapy usually does so on a paper review by a consultant who has never examined you, and a treating practitioner’s written opinion on why the treatment is still needed is what reverses that decision most often. Which insurer is on the hook when several policies could answer is set out in who pays Section B.

How Section B in Prince Edward Island Fits with the Tort Claim

The benefits are paid first, and the claim against the at-fault driver proceeds separately, as the guide’s opening chapter explains. Income benefits received are deducted from any loss of income award so the same loss is not paid twice. Prince Edward Island also limits general damages for minor injuries by regulation, which the PEI car accident page addresses. The Newfoundland position, where the coverage is optional, is in Section B in Newfoundland and Labrador.

Where the Wording Comes From

The benefits are set out in the standard automobile policy approved under the Insurance Act, and the Act with its regulations is published by the Government of Prince Edward Island and on CanLII. The injury law areas hub lists every claim type the firm takes.

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