11 The legislator appears to have set up a comprehensive scheme for the orderly resolution
of accident benefits claim and it should normally be followed.
Most prominently, people injured in a motor vehicle accident are no longer permitted to commence court proceedings against insurance companies arising from the
denial of their accident benefits.
There are several different
types of accident benefits that are available to you through your insurance company in the event of a crash resulting in serious injuries.
Throughout his career, he has practiced almost exclusively in the
area of accident benefit and bodily injury matters arising from motor vehicle accidents.
Counsel representing a plaintiff in the
context of the accident benefit regime has a duty to inform the client of the particular risks associated with their claim.
Proper representation by a personal injury lawyer helps ensure you get the most
out of your accident benefits and that you do not leave anything «on the table».
The Plaintiff obtained a significant amount
of accident benefits in multiple categories: medical rehabilitation benefits, attendant care benefits, and housekeeping benefits.
The September 1, 2010 changes significantly limit the
amount of accident benefits available to injured people in the majority of cases.
The Ontario Superior Court of Justice has recently pronounced that the Financial Services Commission of Ontario («FSCO»), the regulating body for the insurance industry in Ontario, can no longer continue its practice of having motor vehicle collision victims wait in limbo for a resolution
of their accident benefits disputes with their insurers.
Such does not respond either to the
spirit of the accident benefits system or the policy enunciated in the Guideline of getting treatment to those in need early in the claims process.»
One part
of the accident benefits system which is not well known is that the immediate family members of injured people may be entitled to open their own claim to access treatment or other benefits.
[24] On January 31, 2013, Intact and Mr. Bijelic and Ms. Kisel entered into a partial settlement
of all accident benefits with the sole exception of the outstanding accounts of Osler Rehabilitation Centre and Assessment Direct Inc., the liability for which was to be arbitrated.
While IEC findings are recommended in
respect of accident benefits and afforded deference in tort claims, this will not eliminate all controversy.
With offices in Toronto, Ottawa, and Kitchener and coming soon to Barrie, we are able to provide
defence of accident benefits claims throughout the Province of Ontario on behalf of our insurance clients.
The Accident Benefits Group at McCague Borlack LLP is highly specialized in the
defense of accident benefits claims and has extensive experience in this area.
Members of our Accident Benefits Group defend a large
volume of accident benefits claims, and frequently act on mediations, arbitrations, trials, and appeals, on such issues as:
The arbitrator concluded that was a mistake, writing that «this runs contrary to both the spirit
of the accident benefit scheme and the stated purpose of the (minor injury) guideline itself.»
Unfortunately, and due in no small part to the continuing
restriction of accident benefit claims by the Ontario Legislature, more and more accident benefit claims are being disputed and heading to mediation at FSCO.
S. 280 (3) of the Insurance Act states that no person may bring a proceeding in any court with respect to a dispute
of accident benefits other than an appeal from a decision of the LAT or an application for judicial review.
Coordinate insurance benefits, as well as workers» compensation benefits if you were working at the time of the accident
In order to encourage insurance intermediaries to advise their clients of the
effect of accident benefit reductions and the options available to increase coverage the Registered Insurance Brokers of Ontario and the Financial Services Commission of Ontario have published bulletins summarizing the relevant changes as well as emphasizing the obligations of insurance intermediaries to inform their clients.
Most insurance policies in Ontario contain a fixed
collection of accident benefits, also known as no - fault benefits, which cover insured drivers regardless of whether the accident occurs within Ontario, within Canada but outside of Ontario, in the United States, or on a ship between ports of Canada and the United States.
The new law only benefits multi-billion dollar insurance companies while giving auto collision victims in Ontario the shaft when in
need of accident benefits.
Division 7 of the Civil Resolution Tribunal Amendment Act takes away the public's right to challenge ICBC's
denial of accident benefits in court and instead requires «the determination of entitlement to benefits paid or payable» to go through a Tribunal not run by judges but instead Government appointed bureaucrats.
From a legal perspective, if you are unconscious at the accident scene, or in a period of time close to the accident, you may qualify for a higher
level of accident benefits.
The plaintiff also obtained a second report from an orthopedic surgeon for the
purpose of his accident benefits claim but advised that he would not be calling that expert as a witness at the trial of the tort action.
Kotak Permanent Disability Benefit Rider (PDB): This rider pays the benefit in instalments if the life insured becomes permanently disabled as a result of an accident
Since I'm just back from France I thought it might be fun to point to one of the few government sponsored videos (entitled Crepes) that actually uses humour to get across a point about the necessity for interjurisdictional co-operation in the
handling of accident benefits.