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Posts Tagged: accident benefits

Double Recovery for One Accident? The Interplay of Long Term Disability Insurance and Car Accidents

Frequently, a person hurt in a car accident in Ontario also has the benefit, through their employment, of both a short term disability insurance policy (STD) and also a long term disability policy (LTD).

If the injured person starts a lawsuit for damages arising from the car accident, then what happens if they also receive monies pursuant to their LTD policy?

Is it possible to receive money twice for the same accident, otherwise known as double recovery?

Double recovery is an obvious issue that defendants and insurers take note of and dispute in each case. … Continue Reading

New SABS Changes > Chinese News Group

Our thanks to Chinese News Group and Nancy Jin for allowing us to participate in their October 22, 2010 article about the changes to Ontario’s SABS (Statutory Accident Benefits Schedule) in September 1, 2010.  The article is also here in PDF format.

As background, readers may wish to review our:

· blogs on changes to Ontario’s Accident Benefits systemParts 1,2, 3, 4, 5, 6, 7, 8 and 9;

· our blogs on Accident Benefits cases in general; and

· our FAQS regarding background information on Accident Benefitsand motor vehicle accidents.… Continue Reading

Scope of Rule 53.03 > Use of Accident Benefits Experts in Your Tort Lawsuit

After being involved in an Ontario car accident, you will likely apply for Accident Benefits under our no-fault regime.  You may claim for income replacement benefits, medical and rehabilitation benefits (i.e. physiotherapy, chiropractic treatment, massage, acupuncture, prescription medications etc), attendant care, re-training or vocational assessment benefits or other benefits.

After you apply for the benefit, your Accident Benefits insurer may seek to test or evaluate your request, by sending you to be examined at an independent medical examination (i.e. IME) by a medical practitioner of their choosing. … Continue Reading

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

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