Posts Categorized: motor vehicle accident
Disclosure of Your Statement Given to Your Insurer
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, insurance law, motion, motor vehicle accident, production of documents on
If you are involved in a car accident, then your insurance company will likely obtain a statement from you as to how the accident occurred and also obtain other background information.
If the other car or people in the accident sue you as a result of that accident, will the material aspects or important points within your statement (to your own insurance company) be revealed in that lawsuit?
That is, the information you give to your insurance company (to defend you in the lawsuit) – will the person suing you learn about that information?… Continue Reading
Housekeeping – Ontario’s New Statutory Accident Benefits Schedule (SABS) – Part 2
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, insurance law, motor vehicle accident on
For most people involved in motor vehicle and car accidents, housekeeping has been eliminated as part of the Ontario SABS (Statutory Accident Benefits Schedule) effective September 1, 2010.
The current legislation, which has been in place for years, was a total benefit of $10,400 if you qualified for the maximum amount. The current benefit makes available up to $100 per week in housekeeping benefits for the first two years after a car accident.
This entire benefit has been eliminated except for the most serious situations, which are catastrophic impairment situations.… Continue Reading
$400,000 in Legal Costs for a Personal Injury Lawsuit
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, personal injury on
As another illustration of the cost of lawsuits, the recent case of Hayden v. Stevenson (2010 Ontario Superior Court of Justice) awarded $400,000 in legal costs (approximately $300,000 for fees and $100,000 for disbursements) to the successful plaintiff in a personal injury lawsuit. The plaintiff was a young man who was hoping to be a mechanic prior to the accident. As a result of the accident, he suffered from back pain, anxiety, depression and sleep problems. After the accident, he did not complete his co-op program in the automobile field, due to pain and fatigue.… Continue Reading
You Sue After an Accident > Can Your Kids Be Examined About Your Claim?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
You are hurt in a car accident and, in fairly typical fashion, your adult kids are named as Family Law Act plaintiffs in your lawsuit. That is, your kids are making a (normally minor) claim indicating that they have also suffered loss arising from your accident, typically termed loss of care, guidance and companionship.
During the litigation and on the eve of Trial, your kids decide to abandon their claim for damages – because their claim overall may not be particularly significant for a host of reasons.… Continue Reading
The Driver You Sue Has No Insurance – Now What?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, coverage and duty to defend, insurance law, motion, motor vehicle accident, personal injury on
You were hurt in a car accident and sue the other driver. What happens if the other driver has an insurance policy but, during the course of your lawsuit, the other driver’s insurance company denies coverage – i.e. refuses to defend or indemnify (protect) the other driver in the lawsuit? What happens if other driver does not have assets – like a house or steady job?
This is not an uncommon situation. Frequently, insurers have reason to deny their insured – see Section 5 of the Ontario Automobile Policy for a reference – which leads the insurer to add themselves as a statutory third party to the lawsuit.… Continue Reading
Ontario’s Car Insurance System – Update
On behalf of Bougadis, Chang LLP Barristers posted in insurance law, motor vehicle accident on
How are Ontario car insurance premiums determined?
Where do you find about whether your car insurance premiums are going up or down?
Readers may wish to review FSCO’s (Financial Services Commission of Ontario) quarterly rate approval page. By the most recent approvals in late 2009, it appears that insurance rates will increase – from zero to 15% increases were granted. The Toronto Star’s James Daw recently explained the issue.
Background information about wide-ranging reforms of Ontario’s car insurance regime, including how Accident Benefits claims and tort lawsuit actions are to be governed, is available at our Nov 2/2009 blog and also our April 7/2009 blog.… Continue Reading
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