Thursday, March 27, 2014

FAIR treatment of MVA victims and Bill 171

Fair Association of Victims for Accident Insurance Reform
579A Lakeshore Rd. E, P.O. Box 39522
Mississauga, ON, L5G 4S6

March 20, 2014
OPEN LETTER

Sent by email to Premier Wynne, Charles Sousa and Deb Matthews
CC to Ontario's MPPs and the Media

On March 17, 2014 Ontario’s legislature had the second reading of Bill 171 - Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014.

FAIR believes that Bill 171 is being rushed through by our government to increase insurer profits.

There are clearly issues that both the NDP and the Progressive Conservatives feel are worthy of further consultations before passing 171 into law. It is only the Liberal party who felt that “this bill, if passed, is a practical step in helping us curb the price of auto insurance.” As if it doesn't matter what we get for the money or that right now, only half of all accident victims are getting the benefits they've paid for isn't a big issue.

Accident victims see Bill 171, not as a fraud fighting measure but as a template for reducing benefits paid to injured drivers by way of legislation geared toward enhancing insurer profits and marginalizing the rights of Ontario's disabled and injured citizens.

What kind of government creates laws that discriminate against injured and disabled citizens by denying them the same access to justice that every other citizen enjoys in a democratic society? Why remove the disincentives for insurers who delay and deny legitimate claims by decreasing prejudgment interest rates and throwing away ‘special awards’ for claimants who have been unfairly abused at the hands of their insurer?  It’s like declaring war on vulnerable MVA victims and it has nothing to do with fighting fraud.

Not a word from the Liberals about the core reason for the rate of insurer denials that created the backlog in our courts systems in the first place. Bill 171 will leave us with a dishonest system based on too often flawed and biased medico-legal opinion reports that are used to deflate and deny legitimate claims – but it will be faster. Not better, not honest, not helpful and certainly not fair or just.

What kind of government commission studies and panels that continue to acknowledge the issue of the quality of the medical examinations that accident victims are subjected to but still doesn't act to protect the best interests of the public? One that is determined to keep the self-regulation for medical practitioners in place despite that it is causing so much harm to its most vulnerable citizens?

The Anti-Fraud Task Force acknowledged the problem with IME/IE reports and expert evidence and chose to do nothing.  And Justice Cunningham spent some time on the subject in the DRS Review Report and again, there are no meaningful recommendations to fix this harmful process that is at the core of many of the cases that are in dispute. The recommended non-payment for a court appearance is hardly more than a slap on the wrist.  Both of these panels have recommended that the system and the accident victims continue to rely on Ontario’s regulatory colleges for oversight in respect to the quality of medical examinations and reports. A system they acknowledge isn’t working and that consumers and patients have issues with. Doing nothing about this harmful problem is an insult to every accident victim that has had to attend these IMEs and to every respectable assessor who does try and do a decent job.

 If there were to be an end to the unqualified or bogus IME/IE, it would be an end to the high volume of cases in dispute and an end to much of the suffering and psychological harm done to victims by these rogue assessors. Does this government have something against the fair treatment of accident victims with the use of quality evidence in court?

It can only be seen as a willful decision to put on the blinders to this harmful practice of abuse by some of Ontario’s insurers and their assessors.  It’s dangerous out there for the cognitively impaired or highly vulnerable accident victim when colleges such as CPSO have a long and dark history of hiding facts and misleading the public to protect their members. Both the Anti- Fraud and the DRS panel had information in front of them, words spoken by other judges and arbitrators on the harm caused by these partisan assessors and about the lack of transparency at Ontario’s colleges.

CPSO sends third party assessors for confidential remedial cautions when they abuse accident victims and when these same vulnerable people appeal these secretive and  dismissive decisions, HPARB anonomizes the practitioners name so that no matter what – accident victims will never know about prior abuse, bias or poor report writing skills or that unauthorized rubber stamped reports are being used.

We see no interest in real regulation when it comes to Ontario’s insurer assessment mills and their shoddy and biased medical reports with accusations of symptom exaggeration. In fact we see the opposite. We see recommendations by the Anti-Fraud Task Force Panel to fine injured claimants $500 if they fail to submit to often sketchy insurer assessments. Assessments that everyone in the industry and at FSCO knows are questionable, assessments without real oversight that everyone, except the general public and vulnerable accident victims, knows about.

 We see the DRS Panel making recommendations to strip injured claimants of the right to take their cases to court. Instead of punishing rogue insurer assessors with fines or fraud charges – we see ‘special awards’ being eliminated and the power of FSCO Arbitrators to refer insurer misconduct to the Market Conduct Branch removed. No more remedies for wrongful claims handling practices and all of these measures hurt MVA victims and reward insurers for abusive conduct and delays.

Please stop trading accident victims’ rights to fair hearings, and the benefits they need for recovery, for insurer dollars. 

Please fix the quality of the medico legal reports that are used to decide whether an accident victim is entitled to rehabilitation and benefits and in the bargain you’ll get a fair court system that isn't clogged with legitimate accident victims who have wrongfully been denied benefits. Please recognize that when the Colleges don’t do their job and aren't transparent to the public so their members not held accountable - and then the Health Professions Appeal and Review Board helps them to mislead the public - it causes serious harm. Please fix that by making sure the Colleges really are acting in the best interests of the public they are charged with protecting. Please don’t make it easier for some unscrupulous insurers to delay claims so they can make more money by paying a lesser interest – it creates an incentive to deny claims.

Please stop capitulating to Ontario’s insurers and discriminating against those whose insurers have failed to stand behind their contracts by taking away their right to have their case heard. Stop letting assessors harm accident victims and start making regulation and enforcement work.

Please stop taking action that has made Ontario’s accident victims third class citizens and in the bargain allowed Ontario’s insurers to walk away from their responsibilities by downloading these costs to the taxpayer.

Sincerely yours,
Rhona DesRoches
FAIR, Board Chair

http://www.fairassociation.ca/wp-content/uploads/2014/01/FAIR-submission-to-2014-Pre-Budget-Consultations-Jan-23-2014.pdf

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