Automobile Category Archives

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

But It Was Just An Accident!

How many times have we heard that utterance? An accident happens, someone gets injured or dies, and during legal proceedings the injured person points blame at the “tortfeasor” (the person who caused the accident). But the presence of an injury does not necessarily mean that the tortfeasor was negligent. Yes, oftentimes, accidents are just accidents, if they could have been avoided by ordinary caution by …

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

What is a Functional Capacity Evaluation?

If you have been injured in a car accident and your accident benefits (auto) insurer has been paying you an Income Replacement Benefit (“IRB”) because you cannot work, the insurer may, from time to time, assess your entitlement to continued IRBs. This includes sending you to one or more assessments conducted by a health professional. One of the assessments that insurers like to do is called a Functional Capacity Evaluation (“FCE”).

Everyone Should Have $2M Automobile Liability Limits

Automobile liability insurance covers you if you are sued for injuries caused in an automobile accident. Your insurance company appoints a lawyer, defends you and pays out any damages (up to the liability limits).

Saving Joint and Several Liability

What is Joint and Several Liability? Where more than one party is at fault and causes harm to someone, they are, in law, equally responsible to pay out the total amount of damages owing to the injured person. This happens frequently in car accident cases where an at-fault driver’s insurance policy limits are not adequate to cover the injured victim’s damages. If a municipality is …