| Title |
Summary |
Date Published |
| Don’t give your Car Insurance Company a Reason to deny your Accident Claim |
Your car insurance policy needs to reflect accurate and current information. If it does not, your insurance company may have grounds to deny your accident compensation. |
Mar 04, 2022 |
| What happens when Debris from another Vehicle causes Injury or Damage |
Debris or tires falling off another vehicle on Ontario highways and roads often results in near-accidents or serious injury to other motorists. Passengers on an Alberta school bus narrowly escaped serious injury when logs fell off a logging truck and crashed through the windows of the bus. |
Dec 01, 2021 |
| Insurer is ordered to pay cost of Claimant's Catastrophic Impairment Assessment |
The Ontario Tribunal ruled that the claimant’s insurer is obligated to pay the $21,513.35 for a catastrophic impairment assessment, despite the fact that the claimant already received the maximum benefits available for her injuries, based on a non-catastrophic impairment. |
Mar 01, 2021 |
| Who’s at Fault in a Multi-Vehicle Collision? |
Ontario’s Fault Determination Rules define who’s responsible in multi-vehicle accidents. Only in very rare cases is the first vehicle driver in a rear-end collision found at fault, but learn how these rules are applied to other cars involved. |
Feb 04, 2021 |
| What you should know if you’re Hit by a Careless Driver while Biking |
In Canada, cyclists are more than twice as likely to be seriously injured or killed than vehicle occupants. Cycling injuries often result from careless driving actions, as in a recent case where a man was found criminally negligent in causing the death of a Mississauga cyclist and injuries to two other cyclists. Find out about your rights to injury compensation if you are hit by a car while biking. |
Sep 01, 2018 |
| Which Insurer should pay my Motor Vehicle Accident Claim if there is more than one Insurer? |
Ontario’s Insurance Act requires insurers to “pay now, fight later” in situations when an injured claimant applies for vehicle accident benefits from an insurer who may not be the ‘priority insurer’ for their claim. |
Jun 01, 2018 |
| Arbitrator rules that Applicant for Accident Benefits must submit to Insurer’s request for Medical Examination |
An insurer withheld an applicant’s Income Replacement Benefits because the applicant refused to submit to an examination requested by the insurer. In a 2016 arbitration, the arbitrator found that the insurer gave a valid reason for the request and therefore withholding of benefits was lawful. |
Sep 13, 2017 |
| Jury awards $2,309,413 to Pedestrian who sustains Traumatic Brain Injury |
In a recent trial, the plaintiff was awarded over $2.3 million in damages after sustaining a brain injury when he was hit by a truck. The plaintiff, truck driver and the man who pushed the plaintiff onto the road, were each found 1/3 contributorily liable. |
Jun 19, 2017 |
| Disputed Claim for continuing Income Replacement Benefits |
A claimant commenced a claim against State Farm after their insurer stopped paying Income Replacement Benefits, and the insurer filed a motion to dismiss this claim. However, the judge decided that the plaintiff’s entitlement to Income Replacement Benefits is a genuine issue for trial. |
Apr 07, 2017 |
| A Pre-existing Injury doesn’t preclude a Successful Claim for Damages |
A woman experienced three car accidents that successively worsened her medical condition. After being denied accident benefits for her second and third accidents on the basis that her injuries resulted from pre-existing conditions, she filed actions against the two insurers and was awarded damages in both cases. |
Mar 16, 2017 |
| You may still be Impaired the Morning after an Evening of Heavy Drinking |
Many people drive in the morning after a night of heavy drinking in the mistaken belief that they are sober or legal to drive. In Tut v. RBC General Insurance Company, the insurer disputed an insurance claim when a young driver caused a collision while unknowingly impaired, the morning after a party involving drinking. |
Feb 27, 2017 |
| Injured? Questions you may have for a Personal Injury Lawyer |
At Injury Lawyers of Ontario, we know you likely have many questions which you should expect to have answered in an initial consultation, after you were injured in an accident. Here are some of the most common questions our clients ask. |
Feb 01, 2017 |
| Is our Vehicle Insurance System flawed? – The Adam Bari Story |
Adam Bari was severely injured in a serious motorcycle accident and found that his injuries, although substantial, no longer qualify as a ‘catastrophic impairment’ under new insurance rules effective June 1st. The $65,000 now available for non-catastrophic injuries under statutory accident benefits are woefully inadequate to pay for Mr. Bari’s losses and thus, place huge financial stress on his family. |
Jan 25, 2017 |
| Dangerous Road Conditions to blame for numerous Multi-Car Collisions on Hwy 401 |
Numerous multi-vehicle collisions on Highway 401 on Saturday January 7th were caused by severe winter weather including whiteouts and slippery road conditions, but fortunately, no one was seriously injured. |
Jan 12, 2017 |
| Making an Injury Claim for Single Car Accident Compensation |
If you were injured in a single car collision, there may be several options available to you for obtaining injury compensation, both as a vehicle driver and passenger. |
Jan 04, 2017 |
| What type of Injury Benefits can I claim under my Vehicle Insurance? |
Cyclists, pedestrians, drivers and passengers who are injured in any motor vehicle accident are eligible to claim various benefits under their vehicle insurance depending on the severity of their injury. |
Nov 26, 2016 |
| Ontario Court decides that an Illegal Immigrant not entitled to claim Damages from MVACF |
In a 2016 trial, the Ontario Court of Appeal decided that a man who had been living illegally in Toronto for about a decade was not entitled to receive compensation from public funds for injuries sustained in a pedestrian hit-and-run accident. |
Nov 19, 2016 |
| The Brain Project Exhibit comes to Yorkdale Mall |
"The Brain Project" is exhibiting brain art at Yorkdale Mall in the coming week, with the objective of raising awareness and research funding for Alzheimer’s and other forms of dementia. Dementia or age-related brain disease affects 750,000 Canadians, and about one million more are living with acquired brain injury due to accidents. |
Oct 24, 2016 |
| Assessing Pediatric Catastrophic Impairment under Ontario's Statutory Accident Benefits |
When a child's injuries include brain trauma or muscular-skeletal impairment they may qualify for a higher level of benefits by being classified as having a "Pediatric Catastrophic Impairment" under Ontario's statutory accident benefits (SABS). |
Oct 05, 2016 |
| Personal Injury Lawyers and Medical Practitioners working together |
Increasingly complex insurance regulations and legal proceedings require higher standards of knowledge and a closer relationship between personal injury lawyers and rehabilitation practitioners. |
Aug 01, 2016 |
| Uninsured and Under-insured Motorist Coverage |
Under-insured motorist coverage is statutorily available to cover Ontario residents who were involved in an accident caused by an identified or hit-and-run driver. Under-insured motorist coverage can be purchased on your policy to protect you when your claim exceeds the coverage for an at fault driver. |
Jul 30, 2016 |
| Does your Auto Insurance offer adequate Protection? |
As an Ontario driver or vehicle owner, this is a good time to review your insurance coverage to determine whether you have adequate protection against injury and damage, particularly in lieu of recent changes to Ontario automobile accident insurance. |
Jul 06, 2016 |
| Changes to Statutory Accident Benefits effective June 1st 2016 |
Effective on June 1st, 2016, there will be changes to the maximum statutory accident benefits allowable for injured accident victims in Ontario |
Jun 01, 2016 |
| Changes to the Process for Resolving Accident Benefit Claim Disputes |
Effective April 1, 2016, the process available to claimants whose accident claim is disputed by their insurer is changing in Ontario. |
Apr 27, 2016 |
| Uninsured Drivers cost Ontario Millions |
Ontario insured drivers and car owners pay the cost of uninsured drivers, and can make claims against their own insurance policy when hit by an uninsured driver. |
Apr 18, 2016 |
| Resolving an Insurance Claim Dispute |
In Tut vs. RBC General Insurance Company, the courts ruled that RBC could not deny coverage to the plaintiff despite the fact that the accident involved a family member who was a novice driver with a concentration of alcohol in his system. |
Apr 01, 2016 |
| Calculating Future Care Costs in Personal Injury Claims |
Accident victims who suffer disabling injuries in an accident caused by a negligent party can claim damages for the projected cost of their future care. Persons with catastrophic injuries generally required more substantial care and the amount of damages to which they are entitled is on par with the magnitude of their injuries and needs |
Feb 10, 2016 |
| Deadlines for Filing an Injury Claim |
Individuals who sustained injuries in any type of accident need to be aware of the time limits for commencing a claim for compensation as defined in the Limitations Act. There are also time restrictions for notifying your car insurance company if you want to make a claim for accident benefits arising from a car accident. |
Feb 01, 2016 |
| Soft Tissue Injuries often result from Automobile Accidents |
Soft tissue injuries often result from a car accident and often cause long-term pain. Accident victims should seek medical treatment as soon as the symptoms of soft-tissue injury present themselves. |
Jan 26, 2016 |
| Uninsured Motorist Coverage exists to Protect Injured Accident Victims in Ontario |
All Ontario car insurance policies include coverage for damages resulting from a motor vehicle accident caused by an uninsured driver or a hit-and-run driver. In the case where no one involved in a car accident has insurance coverage, the Ontario ‘Motor Vehicle Accident Claims Fund’ provides coverage for damages, as a last resort. |
Jan 22, 2016 |
