Posts Tagged: insurance law
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
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 Dawrecently 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
Hurt Before and Now Hurt Again in Accident – Can I Sue?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, insurance law, motion, motor vehicle accident, pain and suffering, personal injury, Uncategorized on
“I was hurt before in an accident and I was just hurt in a new accident. Does my previous accident hurt my chances to sue for damages this time around? Am I allowed to sue for my injuries in this new accident?”
A previous accident should not generally preclude you from suing for injuries in a subsequent accident. If you suffered serious injuries in the subsequent accident, generally a lawsuit should be considered.
The existence of more than one accident affects the manner in which the lawsuit is argued as between the plaintiff and defendant.… Continue Reading
Slip and Fall on City Property – Act Quickly if You Are Hurt
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, municipality, personal injury, slip and fall, summary judgment motion on
If you hurt yourself on City property, which most commonly is a slip and fall on ice, snow or an uneven sidewalk, then you have 10 days to notify the City in writing of your incident – s. 44(10) of the Municipal Act.
Most people do not know that they have 10 days to notify the City of their accident.
NOTE: if you are hurt and seek medical treatment (whether you are hospitalized or attending at your family doctor’s clinic), the 10 day period still applies unless you fall under a narrow exception of circumstances.… Continue Reading
Pain and Suffering Damages – Changes in Nova Scotia
On behalf of Bougadis, Chang LLP Barristers posted in damages, insurance law, motor vehicle accident, pain and suffering, personal injury on
The most common injury for those involved in car accidents are soft tissue injuries – i.e. neck pain, shoulder pain, back pain, headaches, insomnia (inability to sleep), anxiety, depression and emotional problems – for which an objective cause cannot be definitively identified.
Typically, soft tissue injuries are distinguished from “objective” injuries, such as a broken bone or torn ligament (which can be seen on an x-ray, MRI or CT scan).
Soft tissue injuries rely on the subjective history and complaints of a patient. … Continue Reading
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