The 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.
Archive for the ‘Fatal Accidents’ Category
Conflicting Limitation Periods for Car Accident Insurance Claims
Wednesday, September 14th, 2011What are No Fault Insurance Benefits?
Tuesday, 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.
I thought “AB” was just two letters in the alphabet and “Tort” was some kind of Pie?
Thursday, May 12th, 2011After a car accident has claimed the life of a family member, individuals will seek legal advice to determine whether or not they can sue the driver of the other vehicle. A lawyer may during a free initial consultation inform the family members of two major aspects of any case. After a fatal car accident the majority of cases will have an accident benefits claim (usually termed as an “AB claim”) and a claim as against any at fault parties (usually termed as a “Tort claim”).
The AB (Accident Benefits) claim relates to matters relating to the no-fault aspect of the motor vehicle accident. These claims are generally covered by your no-fault insurance benefits and can cover items such as medical, rehabilitation, funeral expenses, etc. As noted in a previous blog, every car insurance policy by law in Ontario will have a ‘no fault’ accident benefits component by default. This part of the claim typically involves your insurance company only.
Young People and Fatal Car Crashes – Too Easily Becoming A Statistic
Friday, February 4th, 2011Car Crashes are the leading cause of death for teens or young adults in Canada and in the United States. In Canada, Statistics Canada reported that from the years 2000 through to 2004, motor vehicle crashes causing death accounted for 1.3% of all deaths in Canada; however, 17.3% of all deaths among Canadians younger than 30 years old. The research also showed that males consistently had higher motor vehicle accident deaths than did females.
In the US, the Centers for Disease Control, reported that each year over 5,000 teens ages 16 to 20 die due to fatal injuries caused car accidents. It further reported that about 400,000 drivers age 16 to 20 will be seriously injured.
In summary, teenagers are about 10 percent of the US population but account for 12 percent all fatal car crashes.
New Drinking And Driving Measures May Help To Prevent Fatalities
Tuesday, September 14th, 2010Ontario is making the province’s roads safer for all Ontarians with new changes that will help protect young and novice drivers.
Starting August 1, all drivers 21 years of age and younger must have a zero blood alcohol level when they get behind the wheel or face:
- An immediate 24-hour licence suspension
- 30-day licence suspension
- Up to $500 in fines
How does Ontario measure up in Canada when it comes to motor vehicle accident deaths?
Tuesday, September 7th, 2010The Ontario Government and Ontarians alike have been suggesting that fatal car accidents have been on the rise. Despite the ever-increasing number of vehicles on the roads, half as many Canadians were killed in a motor vehicle accident in 2004 as there had been 25 years earlier according to Statistics Canada study published.
The study “Motor vehicle accident deaths, 1979 to 2004,” published today in Health Reports showed that during the past quarter-century, 97,964 people were killed in motor vehicle accidents. The annual number of deaths fell 52% from 5,933 in 1979 to 2,875 in 2004.
Sharp declines were detected even after adjusting for the aging of the population, suggesting that factors other than demographics are behind the drop. Almost three-quarters (71%) of the people who died in these accidents were male.
