Showing posts with label motor vehicle accident. Show all posts
Showing posts with label motor vehicle accident. Show all posts

Saturday, December 24, 2016

Bill reeks of IBC influence


Hudak is now leaving politics and has never shown any interest or knowledge in the topic of auto accident victims or pi lawyers before - so why now that he is leaving? If he is pushing through the Protection for Motor Vehicle Accidents Bill to get the government to scrutinize personal injury lawyers, it is highly likely that the Insurance Bureau of Canada (IBC) is behind it.

Source:



Wednesday, December 14, 2016

Broker Negligence Claims: Are You Adequately Covered?


Is your insurance broker adequately inquiring about your insurance needs? With the substantial decline of available medical, rehabilitation and attendant care benefits from $2 million to $1 million for catastrophically injured individuals, this is a question that will be asked more often in the realm of motor vehicle insurance. The recent cutbacks to the accident benefits regime in Ontario are expected to have profound effects on those seriously injured in accidents.

Source/more:



Tuesday, December 22, 2015

Accident Benefit Coalition Victim Survey


Accident Benefit Coalition Victim Survey is for Accident Victims who were injured in Ontario Motor Vehicle Collisions (MVCs). The purpose is to collect information regarding victims’ experience in regards to obtaining Ontario Accident Benefits from insurers. Absolutely no personal information is collected or shared.

The Accident Benefit Coalition (ABC) consists of a membership of Ontarians concerned with issues surrounding the provinces’ mandatory Accident Benefits. It was founded by NeuroConnect and FAIR Association and is committed to advocating for Accident Victims in Ontario.


Please share this survey with others you know who have gone through the claims experience!

The deck is stacked against injured MVA victims if they choose litigation

Unlike other types of litigation in Ontario, personal injury actions arising from motor vehicle accidents are stacked against plaintiffs from the beginning....


MORE:
http://www.lawyersweekly.ca/articles/2509

Sunday, June 14, 2015

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




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


Tuesday, May 5, 2015

Accident victims victimized with Ontario 2015 budget

  Ontario's "Building Ontario Up" 2015 budget which was released yesterday (April 23, 2015) has some very negative news for motor vehicle accident victims. Worse, some media think the changes regarding auto insurance represents a loss for insurance companies. Canadian Press, in their "Commuters and students win, while insurers lose"  April 24, 2015  article in  the Waterloo Record is completely off the mark. The writer says, under the heading “Losers” in the Ontario budget, that insurance companies lose because they will be required to give drivers a discount for using winter tires and will lose some interest money in lowering the maximum interest charged on monthly auto insurance premium payments. This budget is a home run for insurers with the aforementioned loss a pittance to the gains insurers will make. http://deniedbenefitclaims.com/blog.html


 ...This government has also approved, with IBC lobbying, a redefinition of catastrophic injuries. Catastrophic injuries now imply a paraplegic, quadraplegic, someone blinded in a car accident, or someone who has lost a limb or has serious brain injuries. Insurers point to total  claim costs and how they are rising, therefore requiring higher premiums, but they don’t mention that the increase is not because of what they pay out to claimants but what they pay their third-party-for hire medical ‘experts’ to assess and counter what a claimant’s own treating doctor (or doctors) has determined and this in order to be able to deny benefits. Their medical vendors are paid much more than in private practice making it worthwhile to keep the job and write whenever possible in the insurers favour. Meanwhile, claimants are sent to multiple and repeated insurance examinations in order for these ‘insurance vendors’ to find a way to deny benefits.

Source/more:
 http://deniedbenefitclaims.com/blog.html

Industry draws fire for support of petition

Ken MacCoy of RitePartner Financial Serivces, who stated that “charging contingency fees of up to 45 per cent on settlements is almost criminal. No wonder Ontario auto insurance rates are so high.”

Source/ more:
http://www.insurancebusiness.ca/news/industry-draws-fire-for-support-of-petition-190434.aspx

Local law firm takes aim at Ontario car insurance costs

Windsor personal injury law firm Greg Monforton & Partners agrees with the results of the Ontario Trial Lawyers Association’s recent conclusion that insurance companies are reaping the benefits while drivers are left with no choice but to overpay.

http://windsorite.ca/2015/04/local-law-firm-takes-aim-at-ontario-car-insurance-costs/

Gouging in auto insurance

Almost everyone in Ontario knows that, with the full collusion of the government and its ministers, drivers are required to have insurance, but insurance payouts are severely capped. We pay lots, they pay little.

http://www.thestar.com/opinion/letters_to_the_editors/2015/04/16/gouging-in-auto-insurance.html

Fallout Of OTLA Auto Insurance Report Divides The Industry

Fallout Of OTLA Auto Insurance Report Divides The Industry

Ontarians are used to paying the highest premiums in Canada for auto insurance, but overpaying by $840 million in one year alone is still leaving a sour taste in the mouth for many people. A report released last week on behalf of the Ontario Trial Lawyers Association (OTLA) revealed that insurers are collecting record profits from overcharged insurance rates.
http://www.lowestrates.ca/news/fallout-otla-auto-insurance-report-divides-industry-1667

Source: http://www.fairassociation.ca/ 

Ontario auto insurance “in crisis,” needs Auditor General review: FAIR

Ontario now faces a crisis involving an “unprecedented” number of motor accident victims whose insurers are not providing the necessary assistance required of them, argues FAIR Association of Victims for Accident Insurance Reform, a victims advocacy group committed to industry reform.

http://www.insurancebusiness.ca/news/ontario-auto-insurance-in-crisis-needs-auditor-general-review-fair-190415.aspx

FAIR on today's NewsTalk1010

FAIR on today's NewsTalk1010 with Jim Richards - go to the 29.39 minute mark to get to the interview
 
... Ontario's auto accident victims are apparently in crisis - Jim discusses this with the chair of FAIR, the Association of Victims for Accident Insurance Reform, as well as someone from the Insurance Bureau of Canada... 

https://soundcloud.com/showgram/jr-apr-17-podcast-1?utm_source=soundcloud&utm_campaign=share&utm_medium=email

Industry draws fire for support of petition

one broker, Ken MacCoy of RitePartner Financial Serivces, who stated that “charging contingency fees of up to 45 per cent on settlements is almost criminal. No wonder Ontario auto insurance rates are so high.”

Source / more:
 http://www.insurancebusiness.ca/news/industry-draws-fire-for-support-of-petition-190434.aspx 

Saturday, April 18, 2015

The Truth Revealed About Insurance Companies’ Profits in Ontario

York University Schulich School of Business conclude in a recent study that for the period 2001 to 2013 consumers in Ontario have likely overpaid for auto insurance by between $3 and $4 billion

This money has not gone to accident victims nor to lower premiums for consumers – instead this money has gone straight to the insurance companies coffers. In 2010, deep cuts were made to auto insurance benefits payable to those injured in auto collisions. 


More/source:
http://otlablog.com/ontario-insurance-profits/

Wednesday, April 1, 2015

Why time is important when hurt in a collision

When you have been injured in a motor vehicle crash it is very important to seek the assistance of a lawyer as soon as possible. There are two main reasons for doing so. Firstly and most importantly, there is legislation in Ontario that limits the time in which a person can bring a law suit. For the vast majority of cases, this time frame is two years.

http://oatleyvigmond.com/why-time-is-important-when-hurt-in-a-collision/#.VRreQY5qRqE

$85,000 Non-Pecuniary Assessment For Persistent Soft Tissue Injuries and Headaches

Reasons for judgement were released today by the BC Supreme Court, Nanaimo Registry, assessing damages for chronic soft tissue injuries and headaches following a collision.

In today’s case (Snidal v. Spires) the Plaintiff, who was 20 at the time, was involved in a 2010 collision in Parksville BC.  The Defendant admitted fault.  The Plaintiff suffered persistent soft tissue injuries and headaches which were partly disabling and not expected to improve.  In assessing non-pecuniary damages at $85,000 Mr. Justice Fitch provided the following reasons:

[3]             The accident caused persistent soft tissue injuries to the plaintiff’s neck, back and right shoulder.  She continues to experience neck, back and shoulder pain – particularly along the top of her right shoulder.  She has suffered from headaches since the accident, some of which are debilitating…

[131]     The plaintiff is a young woman.  More than four years from the date of the accident, she continues to experience fairly constant pain and occasionally debilitating headaches.  Although her symptoms have likely plateaued, they are now chronic in nature and will be a permanent and regular feature of her daily existence.

[132]     The plaintiff is no longer able to enjoy her favourite recreational activities, nor the active lifestyle she once enjoyed.

[133]     She has become more withdrawn.  Her self-esteem and sense of self-worth were seriously compromised in the aftermath of the accident.

[134]     She experienced a major depressive disorder attributable to the accident and will likely experience some residual, but manageable, symptoms of that disorder in the future.

[135]     In all the circumstances of this case, and applying the factors in Stapley v. Hejslet, I consider an award of $85,000 for non-pecuniary damages to be just and appropriate.


Source: http://bc-injury-law.com/blog/85000-nonpecuniary-assessment-persistent-soft-tissue-injuries-headaches?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29
 

Tuesday, March 31, 2015

From MIG to CAT – The Difficulties of a Claim for Mild Traumatic Brain Injury

March 20, 2015  |  By:  Michelle Baumann
 
Sadly, it is with ongoing regularity that we see people with mild traumatic brain injuries (mTBI) being trapped within minor injury claim limits following motor vehicle accidents. The problem that we see time and again is that the mTBI is dismissed by the insurer in the absence of immediately available objective findings...


MORE-Source:
http://oatleyvigmond.com/from-mig-to-cat-the-difficulties-of-a-claim-for-mild-traumatic-brain-injury/#.VQxtWY4ynLk



Brokers Feel Used

White Lies Being Told By Clients:Poll

by Donald Horne | 16 Mar 20,2015
Insurance Business

We asked brokers what percentage of their clients were telling white lies when it came to their auto insurance policies – and the numbers aren’t encouraging.
Five said that ‘probably half’ of their clients are fibbing on their auto insurance, with four estimating between ‘10-20 per cent’ and four more saying they believe ‘less than 5 per cent.’

Perhaps more telling, three brokers felt that ‘most of them (50-75 per cent)’ were telling lies, while another three felt that ‘just about everybody (over 75 per cent)’ were lying on their auto insurance for a cheaper premium.

Two brokers felt that ‘almost 30 per cent’ of their clients weren’t being completely honest on their auto insurance, while no one voted for 5-10 per cent.
According to Anne Marie Thomas of Insurance Hotline, small lies consumers tell when applying for insurance falsely inflate the cost for everyone. In fact, roughly 15 per cent of people’s insurance premiums go toward covering false claims.
“There are smaller types of insurance fraud that people commit, and you don’t even think of it being fraud,” said Thomas in the article, ‘The reason your clients are paying an extra $3bn in annual premiums.’ “For example, telling your insurer ‘I don’t drive to work,’ and the truth is, you drive 50 kilometres one way to work.”

Our next poll looks at the statement made by the head of the Royal Bank of Canada last week, hinting that he may be taking his company out of the P&C space.

Brokers Feel Used

I usually find articles in Insurance Business website informative even though they are typically very brief.However,this piece doesn’t educate anyone on anything as it relies on insurance brokers guessing they may have been scammed by their clients based on how they “felt”. Very scientific poll.Possibly 21 brokers were questioned,we’re not told how large or small the sample was.Regardless,they think they have liars for clients.Some thought clients were “fibbing”,some were “lying”or were “telling lies”when making a claim.Some clients”weren’t being completely honest” according to this poll.What is the distinction between fibbing,lying,telling lies and not being completely honest,you’re either lying or your not.


Then this article trots out another statistic,it’s validity in question as well.The consumer is being forever being told that fraud increases each driver’s premiums by 15 %. Collectively,that costs drivers 3 billion every year.But hang on,the insurance industry has also claims that fraud costs them 3 billion dollars every year(currently the IBC website has lowered their claim down to 2 billion). That’s 5-6 billion every year,an unsubstantiated claim.There’s no denying that fraud does occur but to the extent that the IBC makes it out to be is to fantastical to believe.A forensic report produced by KPMG offers different information on the amount of fraud the industry claims they are victims of.


The June 13,2012 report,Auto Insurance Fraud in Ontario states that fraud in Ontario “ranges between $770 million and $1.6 billion per year.”That’s a wide spectrum but understandable when you read the report,it’s difficult to quantify because perpetrators attempt to avoid detection.What this ultimately admits is they just don’t know.


One day maybe we can all have an adult conversation regarding auto insurance in Ontario but with such obtuse information that’s constantly evangelically promoted by the malpractice media,that discussion isn’t in the near future.



Source: http://thecrashtested.com/brokers-feel-used/