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Breaking News: In
November 2009 Ontario's government announced significant
changes to the no-fault accident benefits system. The
changes will seriously reduce the benefits for most injured
car accident victims. The changes are expected to take
effect in the summer of 2010. Click here for a free consult with a lawyer. Injured in a bicycle or biking accident? You may be entitled to accident benefits and/or lawsuit compensation. Click here for a free consult with a bicycle accident lawyer.
| Guide to Ontario Car Accident Injuries
Many people describe Ontario's car accident compensation system as "no fault". This is only partly true. Ontario's car accident compensation system does offer no-fault benefits (often referred to as accident benefits) which are available to you in most cases even if a car accident was your fault. These benefits can include compensation for certain out of pocket expenses (such as repairs to your vehicle, the cost of a rental vehicle, damaged clothing, personal effects, and contents in your car), reasonable and necessary treatment expenses, limited loss of income, etc. If, because of your injuries, you require help with your care giving activities (ie: for children or elderly parents) or your housekeeping activities you may be entitled to hire a professional or a friend or relative to assist you at the insurers expense. Contact us today for a free consultation.
Questions may arise early in the process, such as what questions should you answer that the insurer asks you? Is the insurance company allowed to speak to your doctor? Is the insurance company allowed to demand your pre-accident medical records? Do you have to speak to the insurer or adjuster representing the other driver? A knowledgeable lawyer should be able to guide you through these issues and advise you about your entitlement to certain benefits. It may also be advisable for you to commence a lawsuit. Lawsuits are generally commenced to obtain compensation for things that are not covered by accident benefits (ie: pain and suffering, etc.). There are numerous disclosure obligations and requirements to start a lawsuit. There is also a time-limit for commencing a lawsuit and it is advisable to speak to a lawyer immediately if you are considering a lawsuit. There are a number of restrictions that have been placed on an injured person's right to sue in Ontario. Lawyers are available through this website www.personalinjurylawlawyer.ca for free consultations: Contact us today for a free consultation. Ontario's Car Accident Injury terms and sayingIn this short article, we have tried to start setting out a list of terms with a brief description so that you have a guide to assist in starting to understand some of the terms. Please remember that this list and description is not exhaustive and by no means is this in any way legal advice. You should consult with a lawyer about your rights and entitlement and a free consultation with a lawyer can be arranged by clicking here. Terms (8) Uninsured/underinsured coverage = If you are the injured victim in a car accident caused by an uninsured or inadequately insured vehicle you may well have access to coverage from your own insurance company or from the motor vehicle accident claims fund (a special fund in Ontario), above and beyond the amounts available through the uninsured/underinsured vehicle. Similarly, there may also be coverage available if the at-fault vehicle was unidentified. Your uninsured/underinsured coverage can be
particularly important if you are injured in a car accident in the
United States. The minimum limits in some U.S. states can be quite
low, and Ontario injury lawyers have seen many cases where the
uninsured/underinsured coverage provided the bulk of the recovery for
the injured victim. Contact us today for a free lawyer consultation. Ten (10) Things That You Should Do After A Car Accident
Below, please find 10 helpful things that you can do after a car accident, which may assist you if you are required to launch a lawsuit or take other steps to advance your interests in the future.
New changes to the accident benefits - no-fault - car insurance system
On
The proposed changes will considerably reduce the standard benefits
available to most people who have been injured in car accidents.
Ontarians will still have the option of buying extra coverage when they
purchase their auto insurance. While catastrophically injured patients will be affected by the changes, patients who are deemed to be “non-catastrophic” will face the most notable reductions in benefits.
Under the current legislation, there are often disputes about whether
the injured victim (patient) is “catastrophically impaired”.
The outcome of the disputes are important because of the
significantly increased benefits available to catastrophically injured
persons. The number of
disputes may well increase as non-catastrophic benefits are reduced.
While some “catastrophic impairments” are easy to identify (ie:
quadriplegia), there are many that are not as easy (ie: someone who has
sustained a 55% impairment of their whole person).
It should be noted that the proposed changes include an, as of
yet undefined, amendment to the definition of what “catastrophic” will
mean.
While not all of the changes have been identified yet, some of the
significant changes that have been announced for non-catastrophic
claimants are:
*Housekeeping Benefits:
Eliminated completely
*Caregiver Benefits:
Eliminated completely
*Attendant Care Benefits:
Cut in half to $36,000 maximum
*Interest rate penalty to
insurers for failure to pay timely benefits:
Cut in half
*Medical/Rehabilitation/Assessment
benefits: *Cut by more than
half, leaving $50,000 for all medical/rehabilitation and assessment
needs.
*“Minor Injury” Medical/Rehabilitation/Assessment benefits:
restricted to $3,500.
It remains to be seen how “minor injuries” will be defined
The current system for accident benefits provides $100,000 for
non-catastrophic medical and rehabilitation needs, plus reasonable
amounts for assessment costs requested by the injured person.
It also allows injured persons to obtain “rebuttal reports” to
reply to insurance company reports that they feel are unfair.
Funding for rebuttal reports will be completely eliminated under
the proposed changes.
Although $50,000 may be more than enough to satisfy the medical,
rehabilitation and assessment needs of many car accident victims, there
will likely be other cases where the available benefits are used up
before the patient’s needs are satisfied.
Further, because some patients are not deemed catastrophic until
quite some time after the accident, there may well be patients whose
benefits expire before they reach the point where they can even meet the
definition of being catastrophic.
While catastrophically injured persons will continue to have access to
one million dollars for medical and rehabilitation benefits, the cost of
assessments will now be deducted from that amount.
The assessment funding changes are significant because of the cost of
assessments, the long wait to obtain specialist appointments through
OHIP and the frequent need to reply to reports obtained by insurance
companies. There will have
to be a calculated balance between the need for no-fault assessment
funding and the need to fund treatment.
If a patient has a viable lawsuit against the persons who caused the
accident, the assessments could potentially be funded by the claimant’s
lawyer and claimed for in the lawsuit, freeing up the full no-fault
medical and rehabilitation limits for treatment.
The proposed changes will place increased importance on the availability
of a lawsuit against the people who caused the accident. If patient
needs exceed the available no-fault benefits, patients can, in many
circumstances, still pursue compensation as part of a lawsuit against
the people who caused the accident. However, patients will have to wait
until the successful completion of a lawsuit to get the money necessary
to pay for their treatment or assistance with tasks of daily living.
This may lead to an increased number of patients who undergo treatment,
or receive assistance, on the promise to pay for it upon settlement or
resolution of their lawsuit.
Injured by an Unidentified/Uninsured Car - What Do I Do?A car accident can be a traumatic event. However, when the at-fault driver speeds off after the accident, or you find out that the driver is not insured, that can make you even more nervous and confused about your rights. People often wonder whether they have a right to any accident benefits and whether they have a right to recover for pain and suffering, future losses and other damages that are often claimed in lawsuits. In the majority of cases, the fact that the other driver is unidentified or the fact that the other driver does not have insurance, probably will not stand in the way of your entitlement. There is "uninsured and unidentified" coverage available to many injured persons under their own car insurance policies. Many people do not even know that they have this coverage available to them. If insurance is not available there may still be a way to claim through a government system known as the motor vehicle accident claims fund. It is important to investigate the availability of insurance early. However, in motor vehicle accident cases, notice and time limits do apply. If you have been injured and have questions it is important that you speak to a lawyer right away who can provide a legal analysis of your rights and provide you with advice about the steps that you have to take to protect your rights. Durham Region And Car AccidentsWeather conditions in the Durham Ontario area (including Ajax, Whitby, and Oshawa) can include snow, rain, ice, and other conditions that can contribute to accidents. Driving can be more difficult and inattention can lead to much worse results than would otherwise be the case in better weather. In 2008 an insurance website estimated that 11.68% of people in Whitby have had car accidents in the past 6 years. An article in the Toronto Star on July 16, 2007 noted that you have a greater chance of bring involved in a car accident on Highway 401, between Whites Road in Courtice and Courtice Road east of Oshawa, than any other highway location in Ontario (according to OPP data). Where accidents happen relatively often it is important to know your rights in the event that you are injured in a car accident, slip and fall or some other accident. Car accident injury victims have the ability to access benefits that would probably not be available if you were injured in some other way (ie: a slip and fall accident). There may be available income replacement benefits, housekeeping assistance, medical and rehabilitation benefits, and other types of benefits. Those benefits may well be available to you even if you were at fault for the accident. However, with a relatively rich benefits system comes a more restricted ability to claim in a lawsuit for pain and suffering and other damages. There is a threshold that many cases have to meet to be able to claim and a deductible that may apply to pain and suffering claims. In addition to the precise injury sustained, the effect on the person's life is a very important consideration. It is important to speak to an accident and injury lawyer to determine whether you have a viable claim. Contact us today to for a free consultation.
Scarborough Car Accidents and Weather.Scarborough Ontario's weather can include snow, rain, ice, and other conditions that can contribute to accidents. Driving can be more difficult and inattention, following too close, and driving too fast can lead to much worse results than would otherwise be the case in better weather. Insufficient tread on tires can also create additional risks during winter driving conditions.Given that the weather creates additional risks of accidents, it is important to know your rights in the event that you are injured in a car accident, slip and fall or some other accident. Car accident injury victims have the ability to access benefits that would probably not be available if you were injured in some other way (ie: a slip and fall accident). There may be available income replacement benefits, housekeeping assistance, medical and rehabilitation benefits, and other types of benefits. Those benefits may well be available to you even if you were at fault for the accident. However, with a relatively rich benefits system comes a more restricted ability to claim in a lawsuit for pain and suffering and other damages. There is a threshold that many cases have to meet to be able to claim and a deductible that may apply to pain and suffering claims. In addition to the precise injury sustained, the effect on the person's life is a very important consideration. It is important to speak to an accident and injury lawyer to determine whether you have a viable claim. For more information or a no obligation consultation contact us today. Information About No-Fault Car Accident Benefits.*This article is not legal advice. It is for informational purposes only and represents general information as of February 2008. The author makes no representations or warranties about the correctness or accuracy of the information. Please immediately contact a lawyer to discuss your specific situation. Ontario Car Accidents-How do injured persons obtain compensation?I. BACKGROUND If you are injured in a car accident in Ontario, you are probably entitled to certain "no-fault benefits", but you may also have the right to sue at-fault parties for your injuries. The right to sue is not unlimited in Ontario. II. ACCIDENT BENEFITS/NO-FAULT BENEFITS The scheme providing entitlement to benefits is broad and most people have entitlement under one insurance policy or another. As a last resort, in certain circumstances, resort can be made to the government's motor vehicle insurance fund. These benefits can include income replacement benefits, medical and rehabilitation benefits, housekeeping benefits, caregiver benefits, etc. If the insurance company refuses to pay you benefits that you are entitled to, then there are steps that you can take to dispute the insurance company's decision. It is important to know that there are time-limits for doing this. It is also important to know that it is mandatory that you make an application for accident benefits before commencing a lawsuit. III. LAWSUITS Questions may arise early in the process, such as what questions should you answer that the insurer asks you? Is the insurance company allowed to speak to your doctor? Is the insurance company allowed to demand your pre-accident medical records? Do you have to speak to the insurer or adjuster representing the other driver? A knowledgeable lawyer should be able to guide you through these issues and advise you about your entitlement to certain benefits. It may also be advisable for you to commence a lawsuit. Lawsuits are generally commenced to obtain compensation for things that are not covered by accident benefits (ie: pain and suffering, etc.). There are numerous disclosure obligations and requirements to start a lawsuit. There is also a time-limit for commencing a lawsuit and it is advisable to speak to a lawyer immediately if you are considering a lawsuit. IV. RESTRICTIONS ON THE ABILITY TO SUE Another restriction on an injured person's right to sue, is the "deductible". The deductible is an amount of money that, in many cases, is subtracted from whatever amount your pain and suffering is worth. Under bill 198, the deductible is (as of the date that this article was written) $30,000. So, that means that if your pain and suffering is valued at $50,000, then, if the deductible applied, the amount would be reduced by $30,000, leaving only $20,000. The deductible does not apply to pain and suffering that is assessed at more than $100,000 and there are a number of other exceptions. It is best to consult a lawyer about these issues. It is advisable to obtain a free consultation so that you understand your rights. Our Ontario injury lawyers offer injured accident victims respect and experienced guidance based upon our record for success in obtaining fair compensation for injuries and losses in car accidents, slip and falls, disability claims and other injury cases. Offering flexible payment structures (including contingency fee/do not pay unless you win). Providing services to Toronto, Scarborough, Whitby, Oshawa, Ajax, Pickering, Port Perry, scugog, kawartha, Lindsay, Kitchener, Mississauga, Richmond Hill, Markham, Thornhill, Vaughan, GTA and beyond. |
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