Showing posts with label Charles Sousa. Show all posts
Showing posts with label Charles Sousa. Show all posts

Sunday, June 14, 2015

Car crash victims deserve better deal

First posted: | Updated:
Kathleen Wynne
Ontario Premier Kathleen Wynne. (QMI files)
Ontario’s car insurance system seems to work well except for consumers who need it and accident victims who make legitimate claims under it.

After all, the insurance industry is making good money.

Lawyers are amply rewarded acting for plaintiffs and insurance firms.

Doctors earn significant sums preparing insurer-requested medical reports.

Treatment providers receive good compensation for treating the injured.

Premier Kathleen Wynne received generous financial support from the car insurance industry when she ran for the Liberal leadership.

The Liberal party receives significant campaign donations from it.

But here’s the problem. Two problems, actually.

The first is fraud by people trying to rip off insurance companies with phony claims. We agree it happens and it’s a serious problem.

But what we don’t understand is why the amount of fraud -- to hear it from the insurance companies -- never, ever, seems to decrease.

Fraud, we’re told, is the main reason auto insurance premiums in Ontario remain stubbornly high, no matter how many times the government cuts back benefits to all accident victims at the behest of the insurance industry, as it did again in its latest budget passed last week.

We also think there’s another kind of fraud in the insurance industry that needs to be addressed by government.

That fraud happens when people who have faithfully paid their auto insurance premiums year after year are hurt in serious accidents and, when they make legitimate claims for the benefits promised in their policies, are denied them.

It happens when car insurers fight against paying genuine claims from accident victims, falsely making them out to be the enemy and going to absurd lengths in and out of court to deny them the benefits to which they are entitled.

Last week, hundreds of demonstrators at Queen’s Park protested this kind of fraud as the Liberals passed yet another piece of legislation favoured by the insurance industry that will cut in half benefits for people who sustain catastrophic, life-changing injuries in car accidents.

Prior to the passage of the budget, Finance Minister Charles Sousa boasted, “Ontario is the most generous in Canada when it comes to providing coverage for auto insurance.”

Last week, Sun legal affairs analyst Alan Shanoff, demonstrated conclusively in his column how this statement was inaccurate.

In fact, Ontario doesn’t provide the most generous benefits for either catastrophic injuries or for so-called “minor” ones, which can include dislocation of joints, partial tears of tendons and ligaments and whiplash not exhibiting neurological symptoms.

As the FAIR Association of Victims for Accident Insurance Reform put it: “The budget does nothing to ensure that insurer claims management practices are fair and there has been no action (to deal with) ... the biased and corrupt insurer medical examination reports that are disqualifying innocent and legitimate accident victims.”

We agree. It’s time to end this type of insurance fraud, as well.

Source: http://www.torontosun.com/2015/06/06/car-crash-victims-deserve-better-deal

Hundreds rally against cuts to auto insurance benefits

By , Toronto Sun
First posted: | Updated:  

TORONTO - Changes to auto insurance benefits for motor vehicle accident victims passed in the Ontario legislature Wednesday as part of the provincial budget.

“God help us all,” Tammy Kirkwood said upon hearing the news. “We’re getting a lot less coverage for a lot more money and I’m not sure why.”

Kirkwood was one of hundreds of protesters at Queen’s Park rallying against reductions in auto insurance benefits which they say will have the most effect on victims with catastrophic injuries.

The 47-year-old Orillia woman said protesters were “flabbergasted” that the provincial government “was trying to disable our resources and our funding to recover.”

Part of the changes to auto insurance rules under the new budget mean that combined coverage for medical, rehabilitation and attendant care benefits for the catastrophically injured will be cut in half from its current cap of $2 million to $1 million.

Kirkwood survived a 2008 collision when a dump truck hit her car. She had to be pried free from her vehicle by firefighters, and was deemed catastrophically injured.

She says she was only able to move forward because she had access to the services she needed.

Unable to return to work, Kirkwood now volunteers as an advocate with FAIR Association of Victims for Accident Insurance Reform.

New Democratic Party MPP Jagmeet Singh spoke at the rally in support of their cause.

The cuts affect “the most vulnerable people,” such as people with brain and spinal cord injuries, he said.

“They need benefit coverage ... to live an at least somewhat decent life,” Singh pointed out.

A spokesman for Finance Minister Charles Sousa said the government is “working hard to create a fair and affordable insurance system” for the province’s 9.4 million drivers.

Ontario is “the only province in Canada to offer exclusive catastrophic coverage,” Kelsey Ingram said in an e-mail.

“Catastrophically impaired claimants will also continue to be able to sue an at-fault party to recover damages for health-care expenses and potentially other claims,” she added.

The provincial government is also committed to making sure any savings from these changes do not result in “excess profits” for insurance companies, Ingram said.

“This is about lowering premiums while providing support and protection for all Ontario drivers,” she said.

maryam.shah@sunmedia.ca




Bad news for crash victims

Finance Minister Charles Sousa’s claim Ontario has the most generous auto insurance benefits is nonsense


alan-shanoff
By , Toronto Sun
First posted:

Ontario Finance Minister Charles Sousa announces at Queen's Park on Tuesday that he will introduce the Fighting Fraud and Reducing Insurance Rates Act. (ANTONELLA ARTUSO/Toronto Sun)
Ontario Finance Minister Charles Sousa. (ANTONELLA ARTUSO/Toronto Sun)
 
TORONTO - Last month’s Ontario budget continued the erosion of accident benefits for victims in motor vehicle accidents.

The reductions are most significant for those suffering from catastrophic injuries.

Since 1996, these victims were entitled to reasonable and necessary medical and rehabilitation services up to $1 million, in addition to up to $1 million in attendant care benefits.

That combined coverage of $2 million will now be cut by 50% to a combined $1 million.

It’s puzzling why the government would want to cut back benefits to those who need it most, especially since only 1% of accident victims suffer catastrophic injuries.

Ontario Finance Minister Charles Sousa stated, “Ontario is the most generous in Canada when it comes to providing coverage for auto insurance.”
I guess he isn’t aware Manitoba, Saskatchewan and Quebec provide medical rehabilitation benefits in excess of Ontario’s $1 million, when medically warranted, for any motor vehicle accident victim.
At the other end of the spectrum, dealing with so-called minor injuries suffered by approximately 80% of accident victims, Ontario’s “generous” limit for medically necessary treatment is $3,500, including the cost of assessments, examinations and reports.

No other province mandates a cap on minor injuries.

Don’t think these “minor” injuries are insignificant.
They include dislocation of joints, partial tears of tendons, ligaments and muscles, contusions, abrasions, lacerations and whiplash not exhibiting neurological symptoms.

For serious injuries — neither minor nor catastrophic — medical and rehabilitation benefits are capped at $50,000 in Ontario. That compares favourably to Nova Scotia, PEI, Nunavut and the NWT, which each have a limit of $25,000, and equals the limit in Alberta and New Brunswick.
But it falls short of the limits in British Columbia, Manitoba and Saskatchewan.

So, the most generous benefits in Canada? Hardly.
The lowering of benefits for catastrophic injuries is only one of many prejudicial changes to auto insurance coverage announced in the budget.
There’s also enhanced barriers imposed on plaintiffs suing for negligence arising out of auto accidents.

Most people are unaware of two barriers on the right to sue for damages resulting from harm suffered in an at fault auto accident.

First, there is a threshold test that must be satisfied before anyone can succeed in winning a lawsuit.

This law, introduced in 1996 and made more stringent in 2003, bars successful lawsuits unless plaintiffs can establish they suffer “from permanent serious impairment of an important physical, mental or psychological function.”

To meet this test, various stringent conditions must be satisfied.

The threshold often prevents injured people from recovering damages for serious injuries that fail to meet its definition.

Second, there is a deductible that applies only to lawsuits against negligent auto drivers. It was increased from $15,000 to $30,000 in 2003 and applies to damages for pain and suffering of $100,000 or less.

The budget would index the deductible to inflation as of 2003.

According to personal injury lawyer Darcy Merkur, that would impose a deductible of about $37,000 on damage awards of about $123,000 or less. As an example, a damage award of $100,000 would be reduced to $63,000!

Having both a threshold and a deductible is redundant and only benefits insurance companies.
And why would the government choose to index amounts that favour insurance companies, while not indexing amounts that favour accident victims?
I didn’t see any proposal to index the minor injury cap of $3,500 or the medical/rehab cap of $50,000.

As FAIR Association of Victims for Accident Insurance Reform says, “The budget does nothing to ensure that insurer claims management practices are fair and there has been no action (to deal with) ... the biased and corrupt insurer medical examination reports that are disqualifying innocent and legitimate accident victims.”

The government also announced it intends to amend the catastrophic impairment definition.
Does anyone doubt that these amendments will only serve to benefit insurance companies by restricting the number of victims who would otherwise qualify for the enhanced benefits applicable to the catastrophically impaired?

Source: http://www.torontosun.com/2015/05/30/bad-news-for-crash-victims
 

Sunday, May 10, 2015

Reviewing the changes (cuts) to Ontario Car Insurance: Pay More Get Less Yet Again

The governing Liberals announced Ontario’s budget on April 23, 2015. Finance Minister Charles Sousa, backed by Premier Kathleen Wynne were in fine form that day. When one thinks of the term “budget“, we would think of all things financial, including taxes, public spending on healthcare, infrastructure, and education. And to be fair, healthcare, infrastructure and education were all addressed in the 2015 budget.

http://www.torontoinjurylawyerblog.com/2015/05/reviewing-the-changes-cuts-to-ontario-car-insurance-pay-more-get-less-yet-again.html



Stop Reducing Ontario Accident Benefits - PETITION

Ontario:
Be aware of the proposed Changes to Accident Benefits which impacts all of us (including our loved ones) when injured in a car crash.

If you or a loved one is injured in a car accident you are entitled to certain benefits which you will rely on for your recovery.  These Accident Benefits are paid by you and regulated by the Ontario Government.

In 2010 the Ontario Government permitted insurance companies to dramatically cut these benefits for all accident victims.  Now there are more proposed reductions which will severely cut benefits for the most vulnerable victims of car crashes.  This will hurt victims' chances to recover from accidents and load additional costs to our already overly burdened health care system.

Finance Minister Charles Sousa recently announced the following proposed changes to the standard benefit level:

-$1 million coverage for medical and rehabilitation benefits and $1 million for attendant care benefits for catastrophically impaired persons to be reduced to half and combined

-Non-catastrophic benefits to be reduced from $86,000 to $65,000

-Medical and rehabilitation benefits for non-catastrophically injured persons will be available for only 5 years instead of 10

-Non-earner benefits (available for students or recent graduates) limited to two years

These proposed changes are unethical, especially considering Ontarians overpaid $840 million in 2013 and $3-4 billion from 2001-2013.

And unless we speak up, changes to our Accident Benefits could continue to take hits. It takes a lot to recover from a serious injury and many will be impaired for the entirety of their lives.

Please sign this petition, pass along, and contact your local MPP.

https://www.change.org/p/ontario-mpps-finance-minister-charles-sousa-stop-reducing-ontario-accident-benefits