55. If an insured person sustains an impairment as a result of an accident, the insurer shall pay for additional expenses reasonably incurred by or on behalf of the insured person as a result of the accident for housekeeping and home maintenance services.  O. Reg. 776/93, s. 55. Damage to Clothing, Glasses, Hearing Aids, etc.

56. The insurer shall pay for all reasonable expenses incurred by or on behalf of an insured person in repairing or replacing, (a)  clothing worn by the insured person at the time of an accident; or (b)  prescription eyewear, dentures, hearing aids, prostheses, other medical or dental devices, and other personal items belonging to the insured person that are lost or damaged in an accident.  O. Reg. 776/93, s. 56. Cost of Examinations

57. (1) The insurer shall pay for all reasonable expenses incurred by or on behalf of an insured person in obtaining and attending an examination or assessment for the purpose of this Regulation or in obtaining a certificate or report for the purpose of this Regulation, including, (a)  fees charged by a person who conducts an examination or assessment or provides a certificate or report; and (b)  transportation expenses incurred in attending an examination, including transportation expenses for an aide or attendant.  O. Reg. 776/93, s. 57 (1). (2) Transportation expenses under clause (1) (b) in respect of an insured person’s automobile are limited to expenses for fuel, oil, maintenance, tires and parking.  O. Reg. 776/93, s. 57 (2). PART XIV   EXCLUSIONS

58. (1) The insurer is not required to pay income replacement benefits under Part II, education disability benefits under Part III, disability benefits under Part V or loss of earning capacity benefits under Part VI in respect of a person who was the driver of an automobile at the time of the accident, (a)  if, as a result of the accident, the driver is convicted of operating the automobile while his or her ability to operate it was impaired by alcohol or a drug, or of driving while his or her blood alcohol level exceeded the limits permitted by law or of an indictable offence related to the operation of the automobile; (b)  if, as a result of the accident, the driver is asked to provide a breath sample and he or she is convicted for failure to provide the sample; (c)  if, as a result of the accident, the driver is convicted of operating the automobile while it was not insured under a motor vehicle liability policy; (d)  if the driver was not authorized by law to drive the automobile; (e)  if the driver is an excluded driver under the contract of automobile insurance; or (f)  if the driver knew or ought reasonably to have known that he or she was operating the automobile without the owner’s consent.  O. Reg. 776/93, s. 58 (1). (2) Clause (1) (d) does not apply to a driver who is not authorized by law to drive an automobile only by reason of a suspension of a licence for failure to pay a fine.  O. Reg. 776/93, s. 58 (2). (3) The insurer is not required to pay income replacement benefits under Part II, education disability benefits under Part III, disability benefits under Part V or loss of earning capacity benefits under Part VI, (a)  in respect of any person who has made, or who knows of, a material misrepresentation that induced the insurer to enter into the contract of automobile insurance or who intentionally failed to notify the insurer of a change in the risk material to the contract; or (b)  in respect of an occupant of an automobile at the time of the accident who knew or ought reasonably to have known that the driver was operating the automobile without the owner’s consent.  O. Reg. 776/93, s. 58 (3). (4) Clause (3) (b) does not prevent an excluded driver or any other occupant of an automobile driven by the excluded driver from recovering statutory accident benefits under a motor vehicle liability policy in respect of which the excluded driver or other occupant is a named insured.  O. Reg. 776/93, s. 58 (4). PART XV   PROCEDURE Notice and Application for Benefits

59. (1) A person who wants to apply for benefits under this Regulation shall notify the insurer within thirty days after the circumstances arose that gave rise to the entitlement to benefits, or as soon as practicable thereafter.  O. Reg. 776/93, s. 59 (1). (2) The insurer shall promptly provide the person with, (a)  the appropriate application forms; (b)  a written explanation of the benefits available under this Regulation; and (c)  written information to assist the person in applying for benefits, including information to assist the person in making any possible elections.  O. Reg. 776/93, s. 59 (2). (3) The person shall submit an application for the benefits to the insurer within ninety days of receiving the application forms.  O. Reg. 776/93, s. 59 (3). (4) A failure to comply with a time limit set out in subsection (1) or (3) does not disentitle a person to benefits if the person has a reasonable excuse.  O. Reg. 776/93, s. 59 (4). Certificate for Weekly Benefits

60. An insurer may require a person who has applied for or who is receiving weekly benefits under Part II, section 15 or Part IV or V to furnish a certificate from a health practitioner of the insured person’s choice as to the cause and nature of the impairment, an estimate of the duration of the disability caused by the accident and a treatment plan.  O. Reg. 781/94, s. 15. Election of Weekly Benefits

61. (1) No more than one weekly benefit shall be paid to an insured person under this Regulation for the same period of time.  O. Reg. 776/93, s. 61 (1). (2) If it appears from an application for benefits under this Regulation that, in the absence of subsection (1), a person would be entitled to receive more than one weekly benefit under Part II, section 15 and Part IV, the insurer shall notify the person that the person must, within thirty days of receiving the notice, elect which weekly benefit he or she wishes to receive.  O. Reg. 776/93, s. 61 (2). (3) Within thirty days of receiving the notice, the person shall elect which weekly benefit he or she wishes to receive.  O. Reg. 776/93, s. 61 (3). (4) Pending receipt of the person’s election, the insurer shall pay one of the weekly benefits to which the person is entitled and, when the insurer receives the election, the insurer shall adjust the amount of the weekly payments retroactively to the date the person became entitled to the weekly benefits that the person has elected.  O. Reg. 776/93, s. 61 (4). (5) If the person does not elect which benefit he or she wishes to receive within the thirty-day period referred to in subsection (3), the person shall be deemed to have elected the highest weekly benefit.  O. Reg. 776/93, s. 61 (5). (6) If a person ceases to receive weekly caregiver benefits under Part IV because there is no longer anyone who meets the qualifications set out in subsection 18 (5) and the person meets the qualifications set out in paragraph 5 of subsection 7 (1), the insured person is entitled to elect to receive weekly income replacement benefits under Part II and the insurer shall notify the person of that entitlement.  O. Reg. 776/93, s. 61 (6). (7) Subject to subsection (6), an election under this section may not be changed.  O. Reg. 776/93, s. 61 (7). Payment of Weekly Benefits