Articles Posted in Accident Benefits

When an international student or a visitor to Canada has a serious accident in Ontario, it can get very complicated.

Who will pay for the medical treatment? The hospital visits? The ambulance? The out of pocket expenses? What about the loss of opportunity to pursue their studies, or the wage loss from a part time job?

These are really hard questions, and all depend on the facts of the case, along with the coverage of the injured party.

For starters, people in Canada on Student Visas, or a Visitors Permit won’t have access to the publicly funded OHIP system, the same way that Canadian Resident will. This is why it’s so important for the student or visitor to Canada to make sure that they have proper health care coverage before they come to Canada.

Having bad insurance will end up in a less desirable result. Just because an insurance plan is the cheapest, doesn’t mean that it’s the best. Often, you get what you pay for. Nobody ever expects to be involved in a serious accident, but if one happens, it sure helps to have a responsive and supportive insurer; rather than an insurance company which is the habit of denying claims, or being non-responsive to their insured.

Continue reading →

Personal Injury Lawyers are familiar with hospitals. Visiting the hospital in order to see an innocent accident victim to conduct a consultation and explain to them their rights is part of the job as a personal injury lawyer. As such, personal injury lawyers get to know the ins and outs and routines at many hospitals. We also see some pretty weird stuff at hospital as well. And these weird occurrences are through no fault of the people hospitalized. It just so happens that hospital can be very strange places. How so you might ask?

For starters, there are no barriers to entry at the hospital. Every Canadian has free healthcare. You don’t have to pay, or pass security in order to get inside of a hospital. As such, you might have people wandering the hallways looking for shelter, a warm bed, pills to steal, supplies like sheets or pillows, or people looking to scam patients who are not at their best. As a personal injury lawyer, I’ve had many clients tell me that while they are staying at hospital, they’ve had strangers approach their bed purporting to be a hospital worker asking for their banking information. I can assure you that hospital staff are not asking patients for their banking information. This doesn’t happen. It can however happen that people with ill intentions enter the hospital trying to defraud or steal patients. While all hospital do have some form of security, it’s never enough to monitor an entire hospital. And, by the time that people have found out that they’ve been stolen from, or defrauded, it’s too late. The focus while staying in hospital is rarely about money or security because hospitals should be (and often are) safe spaces. Rather, it’s about health, recovery, and getting home.

Continue reading →

Ontario has a no fault system of accident benefits if you’ve been involved in a car accident.

Understanding the concept of “no fault” is hard to grasp (even for lawyers!).

You would think that if you’re not at fault, then the at fault driver’s insurer should pay for everything.

But, that’s not how things work in Ontario’s no fault system. We have a first party pays system.

What this means is that regardless of fault, your own car insurer is responsible to pay for accident benefits in your car accident case.

This means that the other driver could have been drunk, high, on his/her cell phone, having run a red light; and still your own car insurer is the primary payor for accident benefits.

Even more strange is that if you had collateral benefits at the time of the accident, such as health, disability or anything else through work; those benefits kick in BEFORE the car insurance benefits kick in. Even though your collateral benefits have nothing to do with car insurance, those collateral benefits must be used up before the car insurer has to pay anything. How does that make sense? It’s like a disability insurer telling you that they will not pay any disability benefits until you’ve purchased 3 lottery tickets to see if you win. In the event you win, then they disability insurer does not pay because you’ve been paid lottery winnings. If you loose the lottery, and only once you’ve lost and submitted proof of losing that they will pay. All of these laws defy logic, but this is how Ontario’s archaic system of accident benefits has been designed.

Continue reading →

For those unfamiliar with personal injury law, and more specifically, the law surrounding motor vehicle accidents (car crashes, motorcycle accidents, pedestrian-car accidents, bike-car accidents), the idea of what the law should be and how it works is perceived to be rather straight forward.

Car accident. Innocent accident victim not at fault. They were in the wrong place, and the wrong time and sustained injuries. Those injuries ought to be compensated by the car insurer for the at fault driver. Case closed.

Unfortunately, that’s not the way things work in Ontario.

We have take an easy to understand event (a car accident) and complicated that event tremendously.  The complexities have been created by the government at the behest of the insurance industry in order to keep the number of car accident claims down; and to limit the compensation available to innocent accident victims.

Continue reading →

It may be your first time being involved in a serious car accident where you have sustained serious injuries. These are not common events. And because these are not common events, few people know exactly what to after the accident, or how to deal with their car insurer.

The purpose of this edition of the Toronto Injury Lawyer Blog is to provide you with quick tips dealing with your Car Insurance Company after a serious collision.

1.You deal with your own car insurer first. Ontario  has a no fault system of accident benefits for car accident cases. That means that regardless of fault, the first insurer you will deal with is your own insurer. This seems counter intuitive, but this is how the law works. So, the at fault driver could have been drunk driving, high on drugs, texting on his phone, and ran multiple red lights. It does not matter. The first insurer you will deal with is your own insurer regardless of fault. Weird huh!

2. Watch what you say to the insurance adjuster. When you call most insurers, there is a recorded message saying that the call will be recorded for training and customer service. The call is being recorded so that if you put your foot in your mouth, and say something which is helpful to the insurer, but hurtful to your case; it can and will be used against you moving forward. Many claimants put their feet in their mouths and cause more harm than good in these recorded phone calls with their insurance adjusters. It’s much wiser to let an experienced personal injury lawyer handle it.

Continue reading →

Everyday, our personal injury law firm receives calls from people who have been involved in car accidents in Ontario.

Some people reside in Ontario.

Other people reside outside of Ontario.

Some accident victims have their own car insurance.

Others have no form of car insurance whatsoever.

Their common connection is that they’ve been involved in a car accident in Ontario; and now; don’t know what to do; or where to turn.

They don’t know the right things to do. They don’t want to do the wrong things either. It’s their first time being involved in a serious car accident and they are looking for answers.

People tell me that they weren’t taught in school how to handle a car accident case with an insurance company. Nor is there any quick and easy book on what to do after they’ve been involved in a car accident. They are right in stating that what to do after a car accident isn’t on the standard school curriculum. But, there is a fast and quick guide on what to do after they’ve been involved in a car accident in Ontario. The Goldfinger Guide to Fair Compensation is a great starting point and it can be found in the link above. Reading the Toronto Injury Lawyer Blog (as you are right now!) is another great resource.

Continue reading →