In a society where checking Facebook or accessing Twitter becomes a daily habit, it is safe to assume that employees visit these types of sites during work hours and on work designated devices, like smartphones or laptops. It is also safe to say that these social media outlets are used daily for the purpose of business.
Winter Tires: Could You Be Found Negligent?
November 2nd, 2011Did you know that in Ontario you could be found negligent if you are in a car accident in the winter time and found to be driving without winter tires? In the province of Quebec it is actually illegal to drive in the winter time without winter tires. Multiple studies have shown the benefits of winter tires when it comes to slippery road conditions. When it comes to liability, after a car accident if you are sued by someone involved in the accident, you could be found partially responsible for the accident as a result of not having winter tires on your vehicle.
Lawyer Contingency Fee Agreements: Doing it Right
October 4th, 2011A contingency fee agreement or retainer is defined as an agreement made between the lawyer and their client where the fee for services is only payable when there is a favourable result. This means that the lawyer is not paid until the case is settled in the plaintiff’s favour or a court judgment is arrived at in the plaintiff’s favour. (See Full Legal Glossary of Terms)
Conflicting Limitation Periods for Car Accident Insurance Claims
September 14th, 2011The car accident insurance case, Whorpole Estate v. Echelon General Insurance Co., [2011] O. J. No. 1644 (S. C. J.) has brought up the issue of conflicting limitation periods, where more than one limitation period exists and a decision must be made over which applies. In particular, this case shows the conflict between a limitation period according to the Trustee’s Act and one according to the Insurance Act.
Defining ‘Minor Injury’ in Personal Injury Motor Vehicle Cases
August 30th, 2011In September 2010, the Ontario Liberal government dramatically reduced the amount of medical and rehabilitation benefits available for injured people. For most Ontario car accident victims, the amount of available rehab money dropped from $100,000 to $3,500 with the introduction of the Minor Injury Guideline (MIG).
Immediately After a Car Accident
July 26th, 2011Immediately after a car accident or other motor vehicle accident there are few important things you need to consider:
Keep your composure: It is important that you remain calm. Do not argue with other drivers and passengers. Save your story for the police. Do not leave! If you leave the scene of an accident you may be subject to criminal prosecution. Do not voluntarily assume liability or take responsibility, sign statements regarding fault, or promise to pay for damage at the scene of the accident.
Insurance Does Not Mean You Cannot Be Sued
July 11th, 2011If you have car insurance this does not mean that you can’t still be sued personally if you are involved in a car accident. Your insurance company will only cover you up to the amount of insurance coverage you have. Many people are under the impression that they purchase insurance to protect themselves from being sued and losing their home.
What are No Fault Insurance Benefits?
June 21st, 2011There is a common misconception that ‘no fault’ insurance means that after a car accident no one is held to be at fault. This is not the case and the expression ‘no fault’ can be somewhat misleading when it comes to injuries resulting after a motor vehicle accident.
When someone is involved in a car accident with another driver, both individuals are required by law to be carrying automotive insurance. The law also requires that every insurance policy contain, by default, standard accident benefits. Additional insurance benefits can be purchased but every insurance policy will contain these standard ‘no fault’ insurance benefits.
Immediately After a Car Accident
May 31st, 2011Immediately after a motor vehicle accident, families may often find themselves having difficulties dealing with the sometimes overwhelming emotions they feel for the loved one involved in the car accident. It is at this moment, during the crisis, that things like taking care of making phone calls, helping to arrange childcare, providing compassion by holding their hand and listening to the ones affected by the accident are so important.
Organizations like the “Victim Assistance Volunteer Program” offered by the Burlington Ontario Provincial Police are crucial. They provide community-based short term emotional support and practical assistance to victims of car accidents and their loved ones through the use of specially trained volunteers. Their goal is to help victims and their families cope during these types of crisis situations within the first few hours in which they occur. In addition to providing the types of compassionate services mentioned above, these organizations can also provide important referrals necessary to help the family deal with the immediate situation and the events that follow.