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Posts Tagged: motion

Videotaping the Medical Expert Who Is Examining You (on Behalf of the Opposing Insurance Company) – Part 2

If you are hurt in an Ontario car accident, you may decide to sue for damages arising from your injury and loss.

During your lawsuit, the insurance company defending your claim may wish to evaluate you by requiring you to attend for one or more medical assessments by medical doctors of their choosing.

Are you allowed to audiotape or videotape this medical assessment?  As background, readers may wish to review our September 15, 2010 blog.

A recent and important analysis of this issue is found in Adams v.Continue Reading

Multiple Medical Assessments in Your Car Accident Lawsuit > How Many is Too Much?

You are involved in a car accident in Ontario and then you start a tort lawsuit, suing for damages as a result of injury and loss that you have suffered.

Typically you are suing the other driver who you say caused the accident.

During the course of the lawsuit, the other driver’s insurance company (who is defending the lawsuit), wishes to evaluate your claims by having you assessed by medical doctors of their choosing.

Very often and responding to the claims that you are advancing, these are medical assessments by psychiatrists or psychologists, orthopaedic surgeons, physiatrists, neurologists, neuropsychologists and others.… 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

Suing Your Own Insurance Company for Denying Your Claim > $5,000 in Damages and $75,000 in Legal Costs

Whether on a home insurance policy (i.e. fire loss or theft) or a automobile policy, an insured may claim against their own insurance policy in the event of loss, subject to the rights of the insurer to investigate and adjust the claim.

What happens if your insurer denies your claim on the basis that the alleged theft did not occur as described?  Meaning that the insurer has concerns that the loss was either as a result of your own actions or the actions of people on your behalf – i.e.… Continue Reading

Mediation in Lawsuits > Obligations of Parties To Mediate

You start a lawsuit after being hurt in a car accident. Your lawyer asks the defendant to the lawsuit (i.e. the insurance company of the defendant) to meet and discuss potentially settling your case, with the help of an experienced neutral lawyer who will help facilitate conversation, but the insurance company refuses. They refuse because they say your injuries are minor; that legal case is worth very little in terms of potential damages; and potentially, that you may recover nothing in your lawsuit as a result of the Bill 198 threshold and deductible (see our previous blogs for explanation of Bill 198).… Continue Reading

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