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Category Archives: ATV Lawyer

Car Accident Injury Victims Suffer Another Hit by Changes to the Insurance Act of Ontario

Catastrophic determinations under the Insurance Act of Ontario The definition of catastrophic impairment changed in 2010. It will change again in 2016 and it is not good news for car accident injury victims. The changes to the definition may make it more difficult for injured persons to claim “catastrophic impairment” in motor vehicle accidents in Ontario. For collisions that occur on or after September 1, 2010 but before June 1, 2016 the definition of a catastrophic impairment is as follows: In Ontario, the Statutory Accident Benefits Schedule (SABS), define in his clauses 2(1.2)(f) and (g) what we can consider as a catastrophic impairment. Basically, the law define it as follow: For the purposes of this Regulation, a catastrophic impairment caused by an accident is, paraplegia or quadriplegia; the …

Ottawa car accidents causing permanent and serious injuries – what is the deductible? Ouch! Ontario Law Hurts Injury Victims!

Injured in a car accident? better be a very bad accident, otherwise you will get little compensation in Ontario. In Ontario, if you are injured in a car accident, a award for “pain and suffering” is generally only available if you have suffered what is called a ‘permanent and serious physical or psychological impairment or permanent and serious scarring’. Once you meet that test, the insurance company is then entitled to apply what is called a deductible from any damages assessed, essentially they get to reduce the amount they have to pay for pain and suffering, in many cases by $30,000 (adjusted to today’s dollars – about $35,500). What is a “deductible” on pain and suffering? If you sue the car driver who caused you injury and you …