Did 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.
Archive for the ‘Motor Vehicle Claims’ Category
Winter Tires: Could You Be Found Negligent?
Wednesday, November 2nd, 2011Conflicting Limitation Periods for Car Accident Insurance Claims
Wednesday, 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
Tuesday, 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
Tuesday, 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
Monday, 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?
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.
Immediately After a Car Accident
Tuesday, 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.
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.
Car accident benefits – It is time to pay attention to your auto policy!
Thursday, October 7th, 2010Car accident benefits have been slashed up to 50% and some benefits have been eliminated — how will accident victims be able to cope?
My clients almost always tell me that before their car accidents, they thought insurance was both boring and confusing. For these reasons they decide to put their insurance coverage at the bottom of their priority list.
This fall, car insurance is moving from the back burner to the front burner. Despite the confusing nature of the insurance contract itself and whether or not anyone could ever spare the time to read all of the fine print contained within an insurance policy, here is what everyone needs to pay attention to:
The McGuinty Government’s New Changes to the Ontario Auto Insurance Regulations in the fall of 2010
Tuesday, August 3rd, 2010A Quick Summary of the Changes
Accident benefits for non-catastrophic injury claims will undergo some major changes, including:
• Caregiver Benefits – The $250 per week, plus $50 per additional person in need of care will be eliminated
• Medical and Rehabilitation Benefits – These benefits are being reduced to $50,000 from $100,000
• Attendant Care Benefits – These benefits will be reduced to $36,000 from $72,000 per annum
• Housekeeping Benefits – The $100 per week housekeeping benefit will be eliminated
Accident benefits for catastrophic injury claims will undergo some major changes, including:
• Treatment assessment costs will be deducted out of the specific benefit limit
• There will be no ability to apply for Catastrophic designation (whole person impairment test or the marked/extreme mental or behavioural test) in the first two years post-accident, except in cases where a brain injury is present
• There will incur a definition for “incurred” which will require the insured person to pay for the expense, and the service provider to be a professional provider, except in cases of family members whom are able to prove loss of income
• Assessment costs are limited to $2,000
