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Monthly Archives: June 2009

Your New Vehicle is a “Lemon Car”. Do you Arbitrate or Sue in a Lawsuit?

Our thanks to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to provide a response to one of their reader’s questions last Saturday, June 27, 2009.  The article is hereand also in PDF format.

The term “lemon car” refers to legislation in various US states that specifically deal with when a new car is deficient and needs to be replaced/refunded by the manufacturer.  The legislation differs from US state to state, but in essence their laws try to set up objective standards (i.e.… Continue Reading

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Your Long Term Disability Claim is Denied. Is There a Way To Fight Your Insurance Company – Quickly?

Assume that you have LTD (long term disability) insurance coverage available to you.

What happens when you become sick and cannot work anymore?  What if you apply to your LTD policy for coverage and are denied?  What if you must fight your insurance company in Court to seek payment and benefits under your insurance policy?

To fight your insurance company, are you required to start a lawsuit and follow through all the usual steps in litigation – including disclosure and exchange of your relevant documents; Examinations for Discovery of all parties; and attending at defence medical assessmentsrequested by the insurance company?… Continue Reading

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Injured in a Car Accident > Medical Assessments > What are the Limits?

In Ontario, when you are injured in a car accident, you inevitably undergo some form of medical assessment.

If you make a claim for Accident Benefits and seek treatment outside the Pre-Approved Framework (PAF), then you will likely be assessed by a medical practitioner.  The purpose is to evaluate whether you are entitled to benefits.

If you start a lawsuit against the car(s) that caused your accident, then you are likely to undergo a medical assessment at the request of the defence. … Continue Reading

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Injured in a Car Accident > Medical Assessments > What are the Limits?

In Ontario, when you are injured in a car accident, you inevitably undergo some form of medical assessment.

If you make a claim for Accident Benefits and seek treatment outside the Pre-Approved Framework (PAF), then you will likely be assessed by a medical practitioner.  The purpose is to evaluate whether you are entitled to benefits.

If you start a lawsuit against the car(s) that caused your accident, then you are likely to undergo a medical assessment at the request of the defence. … Continue Reading

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Hit by an Uninsured Car in Ontario, who do you sue?

What happens when a pedestrian is hit by an uninsured car?  What if that pedestrian does not have her own car (i.e. at home) and therefore she has no insurance coverage herself?

And what happens if the pedestrian is sprawled on the front hood of the uninsured car when together, they immediately hit a taxi that is properly waiting to make a left hand turn at that same intersection?

Which insurance company will respond to the pedestrian’s tort lawsuit seeking damages? … Continue Reading

Am I Responsible for This Car Accident? (I Was Rear-Ended)

Thank you to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to respond to a reader’s question last Saturday, June 20, 2009. You can find the article here or in PDF form.

Basically, how do you dispute the fault assigned to you by your insurance company?

If you are found “at fault” for an accident by your insurance company, it can affect how much you’ll receive for your property damage (i.e. your car is a total loss) and also affect your insurance premiums.… Continue Reading

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