When Are You Liable For The Driving of Another Person?

Car accidents are undoubtedly challenging to deal with and they are also quite common. As unfortunate as it may sound, one of the key issues when it comes to dealing with them is determining the driver which was at fault. However, it is also true that this doesn’t have a significant impact on the compensation claim as there is one very particular and special rule in Canada and especially in Ontario.

How is fault assigned and why doesn’t this matter that much?

Unlike the legislation in a few states, in Canada, there is the “no fault” rule which is prevailing and it sets forth a completely different cause of action. In the states, or at least in some of them, it is very important to determine the fault as this is the main and key consideration which would determine the overall distribution of the burden to repay damages. However, this is totally not the case in Canada.

Rules of Fault Determination

The first thing that you need to understand is that the legislation which governs these types of cases is set forth in the Insurance Act of Ontario. There is a very special section in it which is called the Rules of Fault Determination. Amongst them, the no fault rule is one of the most important to consider. With this in mind, this particular rule states that regardless who is at fault, you need to ensure that you file your claim with your own insurance company. This is particularly important and it gets rid of the necessity to start an investigation and waste time. Insurance is mandatory in Canada so you can claim damages under it with your own insurance provider.

This is quite convenient and it is definitely something that you want to take into consideration when it comes to it. Of course, this doesn’t mean that fault isn’t assigned. As a matter of fact, in the majority of the situations, the insurance company is going to go ahead and conduct its own investigation and allocate the necessary amount of fault. This is important as it is going to impact the overall amount of the premiums to the faulty driver. However, as per the negotiations, the insurance company is going to try and lower the amount of compensation due.

All in all, this shouldn’t make you feel more comfortable. Even though the whole thing is intended to spare time and effort of the victim, the procedure is also quite challenging. This is the main reason for which you want to consider getting a personal injury lawyer to help you out if you have been injured or involved in a car accident. This is going to ensure that the lawyers will ensure that they handle it properly. You will get the compensation you are entitled to as expert lawyers with a successful closures in similar accidents can be of assistance.

Who Is At Fault When It Comes To Car Accidents?

The unfortunate truth is that the country of Canada sees quite a lot of car accidents on a daily basis. Ontario is absolutely no exception from this. Of course, as the accident happens, any insurance claim or any personal injury case is likely to raise the matter of who’s the driver who is at fault. This is definitely something to take into consideration. However, finding the right answer when it comes to it has never been so easy. (more…)

How Much Is Your Personal Injury Claim Worth?

If you have been involved in a slip and fall, vehicle accident or any other type of event which caused you injuries, you might be wondering what the total worth of your case is. However, a question of the kind has no simple answers and there are quite a few things which need to be taken into account. In a personal injury case, the monetary damages are paid to the person who has been injured by the person or the insurance company who is found responsible. Of course, it does sound simple when it’s put like this but the truth is quite far away from it. So, let’s have a look at some of the things to consider. (more…)

Long Term Disability Claim Denied: Should I Appeal Again?

The truth is that people who have had the misfortune to go through catastrophic accidents and are experiencing significant issues such as long-term disability oftentimes have quite a lot of questions. This is especially true when they have their claim denied.

A lot of people get confused when it comes to whether or not they should appeal a denial of their Long-Term Disability claim. The confusion usually stems from the fact that they don’t know why their claim got denied in the first place.

Lapse of Statute of Limitation

There are quite a lot of cases in Ontario which are subjected to this type of situation. The important thing that you need to know is that the court is only interested in what is referred to as “clear and unequivocal denial”. This most commonly comes in the form of a denial letter issued by the insurer. Once the denial is properly established, there is a two year limitation period which is set forth allegedly in the legislation of Ontario. If you fail to commence your claim within the first two years, counting from the date of the receiving of that denial, this is going to get your claim dismissed for delay.

However, the merits for that specific clear and unequivocal denial is oftentimes up to debate. It’s important to note that insurers are likely to take the position that this denial had taken place rather early which will cause the aforementioned limitation period to expire.

On the other side of the spectrum,  we have the claimants of Long Term Disability that will do everything they can to establish that the denial in the form as it is demanded by the court hasn’t been properly laid out in time, hence allowing more time to pursue legal action.

Plaintiffs are usually confused by the option that insurance companies commonly give to them. They would oftentimes allow them to appeal a claim which is already denied. However, keep in mind that this is an appealing process which takes part internally and it has nothing to do with the appealing which is held in court. This is something that you need to understand. With this in mind, a lot of people tend to believe that once this happens, they would get their claims reinstated. In fact, what this is going to do is rarely effective and in most of the situations the insurer will just dismiss the appeal and proceed as it is.

This is the main reason for which you might contact a professional and experienced personal injury lawyer in Collingwood. Keep in mind that there is a significant danger when it comes to appealing a claim which could cause a lot of further harm for your case and that’s why relying on a lawyer is critical. The legal professionals understand how to go about filing an appeal and re-instating your claim for compensation.

Steps To Take After The Compensation Settlement Talks Fail

The majority of the insurance adjusters are most likely to want to handle your claim as quickly as it is possible without any additional hassle. However, there are also those adjusters who are going to go the extra mile just so that you don’t settle your case as easily. Arguments are going to be made, words will be exchanged and at the end, the settlement talks will inevitably fail. If there is one thing that you should know is that it’s highly unreasonable for you to settle with adjusters who are trying to bully you into making a decision of this kind. (more…)