New Auto Insurance Rules Reduce Rehabilitation Payout for Victim with Traumatic Brain Injury

By Roger Foisy on November 22nd, 2016

New Auto Insurance Rules Reduce Rehabilitation Payout for Victim with Traumatic Brain InjuryI have blogged frequently in the past few years about the reduction of auto insurance benefits in Ontario and how these changes are hurting car accident victims. In my last blog, I recommended Ontario drivers consider adding optional benefits to their insurance for this reason.

A recent article from CBC News provides a personal story of how these very changes are affecting victims of motor vehicle collisions, and in this case specifically, preventing those with severe brain injuries from accessing  the significant funding they desperately need.

Click here to read the article: Auto insurance rule change costs injured man millions in rehab support.

Due to the June 1, 2016 reductions in coverage, this man – Adam Bari – has available to him medical, rehabilitation, and attendant care benefits in the amount of $86,000. Whereas before June 1, 2016, his injuries would have automatically classified him as “Catastrophic” and eligible to claim up to $2 million in medical, rehabilitation, and attendant care benefits.

Absurdly, this accident victim is instead in the same compensation category as somebody who fractured their foot in an accident.

I have written extensively about brain injury’s incredibly serious and life-altering impact – even from concussions – and I have taken numerous courses on the topic. Below are some of the possible effects of a traumatic brain injury (TBI):

Physical – Can result in difficulty with:

  • Muscle coordination
  • Sleep
  • Any of the five senses
  • Fatigue
  • Weakness
  • Balance/Dizziness
  • Chronic pain
  • Sexual functioning
  • Speech
  • Paralysis

Cognitive – Can affect processes such as:

  • Memory
  • Decision making
  • Planning and sequencing
  • Communication, reading, and writing
  • Thought processing

Mood – Can create challenges with:

  • Anger management
  • Appropriateness of behaviour
  • Emotional control
  • Depression
  • Anxiety
  • Coping skills
  • Personality changes

As you can imagine, and as the article details, the newly-introduced difficulty of categorizing brain injuries as catastrophic following a motor vehicle accident is devastating for victims. Bari’s family is now heading for bankruptcy as a result of his lack of coverage from the auto insurance company.

The auto insurance industry is making excessive profits at the expensive of car accident victims.

I have asked this question before and I will ask it again: What is the purpose of insurance if it isn’t available to those who most need it? If it doesn’t provide enough funding to help them recover from serious injury?

Roger R. Foisy is an Ontario Personal Injury Lawyer with experience in motor vehicle accident injuries. If you or a loved one has been injured, please don’t hesitate to contact us for a free consultation and immediate support.

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