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Posts Categorized: motor vehicle accident

Car Accident Lawsuit is 14 Years Old and Is Still Allowed to Proceed Forward

How long does a personal injury or car accident lawsuit take to resolve?

As insurance lawyers, we are asked this question all the time.  Generally the answer is that your personal injury lawsuits arising from a car accident can take anywhere between 2 to 4 years to resolve.

The time is due to all of the various steps involved in the lawsuit, including: Examinations for Discovery; ensuring that productions between all parties are fully exchanged; medical assessments and evaluations; Court motions and procedures; mediation; and Pre-Trial and Trial steps.… Continue Reading

Safety Ratings for Cars > 5 Star System

Last week, the NHTSA (National Highway Traffic Safety Administration) in the United States released a new rating system for testing vehicles and evaluating their safety and crash worthiness.  The NHTSA system is ubiquitous in North America; Canadian consumers are referred to these standards both in car advertisements and on the internet.

In the personal injury industry, side impact or T-bone collisions are far too common, as are head-on collisions.… Continue Reading

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Auto Insurance Changes in Ontario – Part 9

There were other changes introduced in September, 2010, along with the new SABS (Statutory Accident Benefits Schedule) in Ontario.

One minor, but important, change for consumers is the addition of an appraisal requirement when dealing with car repairs arising from an accident.  Now, if you request an appraisal, the insurer will then perform it.  In the past, an insurer was not required to provide an appraisal even if requested.  See Ontario Regulation 40/10 for the amendments to Ontario Regulation 777/93.

Further to our blog on October 4, 2010, another issue that is important for consumers is the elimination of the use, by insurers, of your credit information when considering your application for renewal of your insurance policy. … Continue Reading

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Buying More Insurance Protection > Accident Benefit Changes in Ontario – Part 8

A useful article last week in The Globe and Mail by Ms Romanov on insurance rates and the effect of your accident history, as well as having young drivers on your policy.

With the introduction of the new SABS (Statutory Accident Benefits Schedule) in Ontario in September, 2010, consumers should be aware that now there is more to consider, in terms of optional coverage, when renewing their car insurance policy.

For example, caregiving and housekeeping benefits were previously included in the standard auto policy but now are eliminated for non-catastrophic (CAT) claims. … Continue Reading

Income Replacement Benefits and the Minor Injury Guideline > Accident Benefit Changes in Ontario – Part 7

The new SABS (Statutory Accident Benefits Schedule) in Ontario, introduced in September, 2010, is found here.

The Minor Injury Guideline is found on the FSCO (Financial Services Commission of Ontario) website here.

Given that the focus and purpose of the Minor Injury Guideline is to guide claimants to maximal medical recovery within the $3,500 hard cap, query whether this will affect the application of the income replacement benefits issue across the board.

Under the Minor Injury Guideline, there is approximately $1700 worth of treatment anticipated in the initial 3 blocks of treatment. … Continue Reading

Pre-Existing Conditions and the Minor Injury Guideline > Accident Benefits – Part 6

One exception to the Minor Injury Guideline are pre-existing medical conditions which “will prevent the insured person from achieving maximal recovery from the minor injury if he or she is subject” to the Minor Injury Guideline (i.e. the $3,500 hard cap).

This exception is only expected rarely, as explicitly set out in Paragraph 4 of the Minor Injury Guideline:

Only in extremely limited instances where compelling evidence provided by a health practitioner satisfactorily demonstrates that a pre-existing condition will prevent a person from achieving maximal recovery from the minor injury for the reasons described above is the person’s impairment to be determined not to come within this Guideline.… Continue Reading