Automobile Category Archives

Assessing Credibility in a World of Surveillance

In the course of an auto claim, claimants will often be required to visit a host of treating doctors and assessors over different points in time. Often times, these doctors and assessors will generate notes, records or reports that may be used as evidence later in the case. While it may not seem crucial at the time, what is or isn’t reported to a doctor …

Determination of Fault in Left Hand Turn Collisions

In our practice, we often see cases where both drivers involved in a collision thought they had the right of way. Often, such cases involve a situation where one driver is proceeding straight through an intersection and the other is attempting to make a left turn on a yellow (or amber) light. The driver proceeding straight believes they have the right of way. At the …

Not Your Fault? Navigating Ontario’s Fault Determination Regime

Ontario’s Fault Determination Rules (“the Rules”) outline over 40 common collision scenarios each depicted with simplistic diagrams. Each collision scenario has a corresponding liability percentage assigned to each driver.  These Rules are largely used by your insurance company to determine who is at-fault for an accident. The challenge for drivers and insurance adjusters is determining which templated scenario in the Rules fairly applies to the …

New Laws Passed to Improve Road Safety for Pedestrians

2015 saw 38 pedestrians struck and killed on Toronto streets – the most annual fatalities of this kind in the past five years. The most vulnerable pedestrians – young children and the elderly – account for the majority of these deaths, with over 60% being seniors. According to the Chief Coroner’s Report on Pedestrian Deaths in Ontario, children and seniors are the most vulnerable pedestrians for …

Next Halloween, Beware Headless Horsemen, Driverless Cars Roaming Streets

By next Halloween, not only will we see Headless Horsemen roaming the streets but we may also see driverless cars alongside them! Before a call is made to Dr. Egon Spengler and the rest of the Ghostbusters; no – they aren’t ghost cars – they are autonomous vehicles and Ontario is set to become the first jurisdiction in Canada to begin testing them on our …

Unidentified, Uninsured And Underinsured Motorists: Who Pays For My Injuries?

car and driver on the road

In Ontario, driving with automobile insurance is mandatory. As a result, those injured in a motor vehicle accident have the peace of mind of knowing that after an accident they can claim compensation against the at-fault party, which is usually responded to by that party’s insurance company. However, this begs several questions. What happens if the other party is uninsured? What if the other party …