Accident Benefits Category Archives

“Reasonable And Necessary” Treatment: What Does It Mean?

Your automobile insurer is supposed to pay for all “reasonable and necessary” non-OHIP-covered medical treatment (up to specific monetary limits).  This includes things like: Physiotherapy Counselling Occupational Therapy Rehab Support Chiropractic Acupuncture Massage Therapy and Mobility devices Treatment is important for any person’s recovery from injury.  Treatment can alleviate pain and increase function. But, often automobile insurers will balk at paying for treatment, stating “that’s …

The Interaction Between Accident Benefits and the Ontario Disability Support Program (ODSP)

Aviva Canada Inc. v. Sidhu, 2018 ONSC 6506 (CanLII)

A Deductible on Pain and Suffering Damages

Recently this Blog focused on one of the cruelest laws – the woeful compensation scheme for the death of a loved one. But the law that may be most frequently used to punish innocent accident victims in Ontario to the benefit of bad drivers and their insurers is the “statutory deductible” for general damages awards.

The Cruelest Personal Injury Law

There are a lot of cruel personal injury laws: caps on pain and suffering, secret deductibles, biased doctors, the list goes on. But, there is one that is the worst of them all: The cap on damages for the loss of family members.

The “No Crash, No Cash” Rule on Public Transit Vehicles

Since May 10, 2011, Ontario riders on public transit vehicles who sustain injuries can no longer pursue accident benefits if the public transit vehicle they were riding in “did not collide with another automobile or any other object in the incident” as stipulated by section 268(1.1) of the Insurance Act R.S.O. 1990, c. I.8.