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Section B Benefits

Who Pays Section B Benefits

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

Your own automobile insurer pays Section B benefits first, even when the other driver caused the crash. That is the point of the coverage: the money moves before fault is decided, and the tort claim against the other driver runs separately. Telling your insurer promptly matters, because the policy sets notice and proof deadlines that run from the crash. This chapter states the order insurers answer in when more than one policy could respond, which decides whose forms you fill in and whose adjuster you deal with.

The Priority Order

A passenger claims first on a policy they are a named or listed insured under, then on the policy covering the vehicle they were in. A pedestrian claims on their own policy first, then on the policy of the vehicle that struck them. The wording comes from the standard policy approved under each province’s Insurance Act, and the firm reads the actual policies on the first call. The guide’s opening chapter states what the benefits cover.

When No Policy Answers

A person with no policy in the household, struck by an uninsured vehicle, is not without recourse: the uninsured motorist provisions and, in some provinces, a fund answer in last place. The car accident pages state the province rules, and the firm confirms which policy answers on the first call. The order is set by regulation, on CanLII, and it differs by province: the New Brunswick chapter and the Newfoundland and Labrador chapter are the two furthest apart, because coverage is standard in one and optional in the other.

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