Everyone wants a deal. Bargain hunters looking for deep discounts should look no further than Ontario’s Car Accident System. That’s not to say that purchasing car insurance is cheap. It’s to suggest that car insurers get deep discounts when defending a car accident case. In fact for each case that’s started a car insurance company receives around a $40,000 discount; give or take.
Why would you think about car accidents as a commodity. It’s not like a car accident is a product to be sold and worn like a brand new jacket, a sweater or a pair of pants you’ve just purchased off the sale rack.
But perhaps we should look at car accident cases more as a commodity so that we can better understand how insurers save big bucks on each and every car accident case in Ontario.
The way the laws for car accident cases are set up in Ontario is unfair. Those laws provide more protections to the at fault driver, than they do the injured Plaintiff.
For starters, the injured Plaintiff’s injuries (regardless of fault), must meet a medico-legal test or threshold. If the test is not met, then the injured Plaintiff receives zero dollars for his/her pain and suffering.
If the injuries are not deemed by the Judge to present both a “serious and permanent impairment of an important bodily function“, then the Plaintiff won’t be entitled to general damages for their pain and suffering. That means that regardless of fault; meaning the at fault driver could have been drunk, smoking drugs and on his/her cell phone; if the injuries don’t meet that medico-legal test; then the Plaintiff’s claim for pain and suffering will fail.