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”).
Automobile Category Archives
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 …
Tort Rights Eroded for Victims of Auto Accidents
Drunk, distracted and dangerous drivers – sit back and relax. Why? Because you don’t have to fully pay for your mistakes. The insurance companies that hire lawyers for you and defend you in court have spent millions of our premium dollars lobbying the government of Ontario to take away the rights of the people you injure when you are driving. Because of these efforts, the …
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 …
