July 26th, 2011
Immediately 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.
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Posted in Car Accidents, Motor Vehicle Accidents, Motor Vehicle Claims | No Comments »
July 11th, 2011
If 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.
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June 21st, 2011
There 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.
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Posted in Fatal Accidents, Insurance Coverage, Motor Vehicle Claims | No Comments »
May 31st, 2011
Immediately 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.
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Posted in Insurance Coverage, Motor Vehicle Claims, Personal Injuries | No Comments »
May 12th, 2011
After 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.
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Posted in Fatal Accidents, Motor Vehicle Claims | 1 Comment »
April 7th, 2011
When it comes to companies providing you with insurance, the job of the ‘underwriter’ is to assess the risk you present to the insurance company should they decide to insure you. Things like age, drinking, smoking, medical history, family history of medical issues etc… may be taken into consideration when determining how “risky” a client you may be. This also determines how much your insurance premiums will be. Insurance companies at the end of the day are looking to make money and to do so means paying out the least amount of money possible.
These days, beyond the medical and application form/questionnaire, insurance companies are turning to social networks to obtain further information. Is your profile open for others to see? Do you post things like your interests in bungee jumping or sky diving? Do your pictures show you smoking when you told the insurance company you didn’t? How about your latest “party” or “binge drinking episode”? Posting personal information on Facebook, YouTube, Flickr Linked-in, MySpace, Twitter or other social venues may provide the insurance company with additional information to determine you are a higher risk client than suggested by your medical exam or application.
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Posted in Insurance Coverage, Social Media | 1 Comment »
February 11th, 2011
The courts have made a distinction between a solicitor-client relationship and a solicitor-client retainer. The relationship is established when the prospective client has his or her first consultation with the lawyer or law firm about retaining services. The relationship is often established without formality.
The retainer is established once the lawyer agrees (expressly or implied by the lawyer’s conduct) to provide legal services. Until it is made clear by way of a non-engagement letter to the prospective client, it may be that a solicitor-client relationship, with all of its important duties, truly does exist.
Case Study in Point
Eight months ago Mr. Smith consulted with Lawyer Jones with respect to a personal injury matter. Lawyer Jones met with Mr. Smith for a half hour free consultation after which time he advised Mr. Smith about what he believed to be the answer to his motor vehicle accident issue. He made sure to tell Mr. Smith that he probably could find a more experienced lawyer as he had not practiced in this area of law for years. Nothing else was done by Lawyer Jones. Today he received a message left on his voice mail from Mr. Smith looking for his trial date. Lawyer Jones looks at his notes from eight months past and realizes that Mr. Smith’s motor vehicle accident itself was just over two years ago.
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February 8th, 2011
You enter your office and you sit at your desk. A letter addressed to you “personal and confidential” stares you in the face. You open it and read the allegations against you. You feel personally and unjustifiably attacked. Your hands perspire and you call for the file to reassure yourself that this letter has no merit. Your assistant hands you the file. You cancel your appointments so you can deal with this. At the end of the day, feeling exhausted, you pick up the letter one more time and question why you chose to represent a client on a matter outside of your area of expertise.
Unfortunately this story is not fiction. Some lawyers were unfortunate enough to receive this letter in 2010. One of their New Year’s Resolutions is now: “Think twice before accepting retainers for any client who comes asking for your help.”
If any of these files include personal injury or disability insurance matters, my office is more than willing to assist. Any lawyer who may have realized over time that they require additional expertise in one of these areas of law, or who may need a quick second opinion, should feel free to contact me.
Posted in Personal Injuries | No Comments »
February 4th, 2011
Car 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.
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October 8th, 2010
Most Ontario automobile owners purchase higher third party insurance liability limits than the mandatory minimum coverage of $200,000. However, I suggest that the reason a consumer chooses higher coverage (usually $500 thousand or $1 million) is only due to the fact their insurance agent suggests this amount will help keep the overall automobile insurance premium down.
While your insurance representative will be able to help you decide what level of coverage is best for you, it helps to be well-informed about what is available to you before making that call.
The current Ontario law requires that each motor vehicle owner carry a minimum of $200,000. This minimum amount has been in place for decades in Ontario despite the fact that injury awards have increased to keep up with inflation over the years. Take for example, if you were found at-fault for a motor vehicle accident back in 1978 and rendered an accident victim such as a quadriplegic, the courts would have awarded the injured victim approximately $100,000 for pain and suffering. Of course this award would not include other losses for possible past and future medical and/or income losses.
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