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Summary of Accident Benefits Available

2023-10-02T12:29:14-04:00

Most people who are injured in a car accident have no idea what their rights are or what benefits they might be entitled to receive. This is a summary only. It is always a good idea to speak with a lawyer who specializes in accident claims to make sure that you are getting the benefits you deserve. Since September 2010 there are three types of injuries under the current Statutory Accident Benefit regime (SABS). These are the minor injury guideline (“MIG”), catastrophic impairment claims (“CAT”) and all other claims. For car accidents after September 1, 2010 the following benefits are available [...]

Summary of Accident Benefits Available2023-10-02T12:29:14-04:00

Important Decision about ATVs and Insurance

2023-10-02T12:38:55-04:00

An Ontario judge has ruled that a Perth farmer can sue and can get access to certain insurance benefits  in connection with a 2008 accident, even though the all-terrain vehicle (ATV) he was  driving was not insured at the time of the accident. The Insurance Act includes a heavy penalty for an owner of a vehicle who is injured in an accident when the vehicle he was driving was not insured.  That penalty is that he cannot sue any other driver for his damages, even if someone else was 100% at fault and responsilbe for the accident.  The accident benefits (SABS or "no fault benefits") that the person [...]

Important Decision about ATVs and Insurance2023-10-02T12:38:55-04:00

Important Accident Benefit Decision

2023-10-02T12:42:00-04:00

In September 2010 the Ontario government slashed the medical benefits you could get under your car insurance policy for injuries suffered in a motor vehicle accident. The $100,000 limit for treatments (those not covered by OHIP) was reduced to $50,000. For accident victims with so-called "minor injuries", such as strains, sprains and whiplash, the $100,000 limit was cut to $3,500. Last month, the Financial Services Commission of Ontario (FSCO) ruled in favour of an accident victim who claimed expenses beyond the minor injury limit. Lenworth Scarlett argued that in addition his whiplash injuries he also had pre-existing injuries and subsequent psychological [...]

Important Accident Benefit Decision2023-10-02T12:42:00-04:00

What is the “Threshold” in a Car Accident Claim?

2023-10-02T12:44:13-04:00

Frank was invited to present a paper entitled “Threshold Refresher” at the Ontario Trial Lawyers Association Conference which took place on May 30 and 31, 2013 in Toronto. The “threshold” is the criteria that an injured individual must demonstrate in order to receive compensation for pain and suffering. The objective of the threshold has been to restrict the rights of individuals for pursuing what some may categorize as “minor” tort claims in exchange for no-fault accident benefits insurance coverage. Section 267.5(5) of the Insurance Act requires that in order to establish a claim for damages for pain and suffering relating to a motor vehicle [...]

What is the “Threshold” in a Car Accident Claim?2023-10-02T12:44:13-04:00

Important Decision on Catastrophic Impairments

2023-10-02T12:46:54-04:00

In Pastore v. Aviva Canada the Court of Appeal ruled that the language of the SABS (Statutory Accident Benefits Schedule) does not require that a claimant be considered markedly impaired in more than one area of life to be designated as catastrophically impaired. Pastore concerns a woman who was injured after being hit by a car in November 2002. Her left ankle was broken  and did not heal properly.  She underwent a number of surgeries and eventually her right knee was replaced due to changes in how she walked.  She was self-sufficient before the accident but became almost completely dependant on others afterward.  This had predictably severe consequences on Ms. Pastore's emotional and [...]

Important Decision on Catastrophic Impairments2023-10-02T12:46:54-04:00

What Is Bad Faith?

2023-10-02T12:48:04-04:00

You purchase insurance coverage for a variety of reasons. Sometimes because it is mandated by law, sometimes it is to protect your family or assets, and sometimes it is to provide you with peace of mind that you will be taken care of if something goes wrong. In the case of automobile insurance, it’s likely for all three reasons. Courts have increasingly recognized the role that automobile insurance coverage plays in providing you, the consumer, with peace of mind. You purchase the insurance so that if something goes wrong and you are injured, you and your family are protected. Recently, the [...]

What Is Bad Faith?2023-10-02T12:48:04-04:00

What To Do If You Have a Car Accident

2023-10-02T12:50:27-04:00

What Should I do If I'm Involved in a Car Accident? The first thing to do when involved in an Ottawa car accident is stop.  If you don’t stop you are at risk of being charged with a criminal offence. The next thing to do is call 911.  You should call 911 if anyone might be injured, if any of the drivers appears to be under the influence of drugs or alcohol or if there is any significant damage to the cars. Third, if it is safe to do so you can move your car to the side of the road, [...]

What To Do If You Have a Car Accident2023-10-02T12:50:27-04:00

A New Member Has Joined the Team!

2023-10-02T12:51:47-04:00

McNally Gervan LLP is pleased to announce that Cecile Clarke has joined the firm as a law clerk and will be working directly with Paul Auerbach. Cecile graduated with honors from Algonquin College's law clerk program, where she was awarded the Borden Ladner Gervais LLP Scholarship for Academic Achievement. She began her career as a legal and administrative assistant after completing a legal studies program at St. Lawrence College. She continued to upgrade her professional development by obtaining a Post-Graduate Certificate in Marketing Management from Humber College and the Canadian Securities Certification from the Canadian Securities Institute. Cecile has worked both [...]

A New Member Has Joined the Team!2023-10-02T12:51:47-04:00

Cracking the Minor Injury Guidelines

2023-10-02T12:54:59-04:00

In September 2010, there were a number of significant changes to the Statutory Accident Benefits Schedule (SABS). In our experience, the Minor Injury Guidelines (“MIG”) has had the greatest impact on car accident victims. It has significantly restricted injured individuals access to medical and rehabilitation benefits which has resulted in them languishing without the appropriate care. It is not unusual to have individuals who are unable to work yet they are slotted in the Minor Injury Guidelines. A “Minor Injury” is defined as a “sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and clinically associated sequelae”. If you fit [...]

Cracking the Minor Injury Guidelines2023-10-02T12:54:59-04:00

Do I Have Enough Insurance?

2023-10-02T12:56:05-04:00

Insurance Brokers and Insurance Agents are the professionals that we count on to advise us about the different insurance policies and coverages that are available to protect our businesses and our families from fires, car accidents and disability. Not all insurance policies are created equal.  The Insurance Act and regulations provide some protection to consumers but most people follow the recommendations of their insurance broker or agent.  It is important to have regular reviews of your insurance coverage to make sure that you have enough insurance to cover the financial risks that could affect you. You should find out from your [...]

Do I Have Enough Insurance?2023-10-02T12:56:05-04:00

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