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If you have been injured in a motor vehicle accident, you may already be aware of the complexity of the insurance claims process. In Ontario, we have no-fault insurance laws governing our insurance industry.
Under no-fault laws, each party of an accident will first go to their own insurance for compensation regardless of who caused the accident. This also applies to any passengers in the car at the time of the accident. But as Sarnia personal injury lawyers, we have seen what is now a disturbing trend when it comes to insurance claims.
Statutory Accident Benefits
Under the law, if you have been injured in a motor vehicle accident, you are entitled to what is known as Statutory Accident Benefits. These are:
● Medical expenses that arise from your injuries
● Any costs for rehabilitation from your injuries
● Income replacement for any loss of work due to your injuries
● Attendant care for any assistance you may require as the result of your injuries
● Caregiver benefits if you can no longer be the main caregiver for family members
● Non-earner benefits if you can no longer carry on a normal life but do not qualify for income replacement or caregiver benefits
● Other expenses that result from your injuries
● Death and funeral benefits for the family after a fatality
A Disturbing Trend
Unfortunately, the disturbing trend that is taking place in our landscape today is insurance companies finding ways to deny or delay claims, downplay injuries, or use other bad faith tactics in order not to pay legitimate claims.
Bad Faith Tactics
In fact, some of the largest companies are the worst offenders. It was found that many of them actually rewarded employees who found ways to successfully deny claims. Some of the more egregious tactics are by those companies that delay claims so long that their claimants actually die in the meantime.
Filing an Appeal
You have a right to expect that your insurer will pay claims when you need it most. But the reality is that insurance companies look to their own bottom line first and foremost. The less they pay in claims, the more profit they keep. This has been the case for insurance companies throughout North America and not only in Ontario. But you don’t have to accept that.
If you have been denied by your insurance company for a valid claim, you have the right to an appeal. Depending on your policy, your appeal must be filed within a certain period of time after your denial so time is of the essence.
Get Legal Advice
By getting the assistance of a Sarnia injury lawyer to help you maneuver that appeal, you will understand the criteria and time constraints involved in the appeal process. Call the legal team at BLFON Personal Injury Lawyer for a no-cost consultation to discuss your legal rights.