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Posts Tagged: motor vehicle accident

The Driver You Sue Has No Insurance – Now What?

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

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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Ontario’s Car Insurance System – Update

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

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Hurt Before and Now Hurt Again in Accident – Can I Sue?

“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

Pedestrian Deaths and Injuries – Fault, Blame, Negligence and Senseless Waste

Recently in the Toronto area, there have been rash of pedestrian deaths and this has captured some of the media spotlight.

We remind readers that the issue is not that there are approximately 30 pedestrian deaths per year. The issue is that approximately 2,300 people are injured as pedestrians every year in the Toronto area.

2,300 injured pedestrians per year.

What would it cost most drivers to avoid an accident? The inconvenience of slowing down by taking your foot off the accelerator or depressing your brakes?… Continue Reading

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Pain and Suffering Damages – Changes in Nova Scotia

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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