Posts Categorized: accident benefits
The Issue: Sometimes after an Ontario car accident, insurers fight each other over who is “responsible” for paying the injured person(s) Accident Benefits claims.
This is not usually a concern of those in car accidents, but it is interesting to consider some of the background dealings that arise from car accidents.
With car accidents in Ontario, the people involved usually have an entitlement to Accident Benefits regardless of fault – i.e. the driver who caused the accident is usually entitled to the same level of benefits as the innocent victim.… Continue Reading
The Issue: If you are riding in a friend’s car and are hurt in a car accident, then do you apply to your friend’s car insurer for Accident Benefits or do you apply to your own insurer?
Why This Matters: No one likes to make a claim against their own insurance company, as everyone generally is concerned about their car insurance premiums increasing.
So if your car is sitting at home and your friend gives you a ride, if you are hurt, whose insurance company will pay your Accident Benefits?… Continue Reading
This follows our March 9, 2011 blog wherein we commented upon the deduction allowed for income replacement benefits (“IRB”), in the 2011 Ontario Superior Court of Justice case of Sutherland v. Gurmeet Singh.
From an insurer / defence perspective, the Sutherland decision properly addresses the purpose of Ontario’s Insurance Act (including Section 258.3), which is to require claims for injury and loss arising from car accidents to undergo the rigour and testing of the Accident Benefits regime, which then carries forward into the tort lawsuit.… Continue Reading
When you are hurt in a motor vehicle accident in Ontario, some accident benefits available to you potentially is attendant care benefits, which is a monthly payment to assist you with you daily activities while you are hurt. This may include getting ready in the morning, preparing your meals, etc.
There were big changes (i.e. reductions in attendant care benefits payable) in September 2010, including the limitation as to who could provide you with attendant care and be paid for their service.… Continue Reading
A good analysis of the term “dependant” in the context of Ontario’s Accident Benefits (“AB”) regime: Security National Insurance Co. v. The Wawanesa Mutual Insurance Co., 2013 ONSC 7589 (CanLII)
This is a priority dispute arising from a pedestrian knockdown by a car. The injured 81 year old grandfather, a citizen of Bangladesh, was on an extended visitor’s visa to Canada to stay with his son and help babysit grandchildren. The grandfather was retired and wealthy back home but in Canada, prohibited from working as per his visa terms, was he ‘dependant’ on his son and daughter-in-law?… Continue Reading
In Ontario car accidents, in most cases you will be entitled to receive Accident Benefits no matter who caused the accident.
But what if your Accident Benefits insurer is unreasonable in addressing your claims? What if they deny all of your requests, without justification?
Below we review a case that awarded an insured $25,000 for mental distress arising from repeated denials by her Accident Benefits carrier of her applications for benefits.
Why This Matters
Accident benefits are the most common claim arising from any car accident.… Continue Reading
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