Insurance Category Archives

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 …

What is a “threshold test”?

Authored by: Alfonso Campos Reales In Ontario, it is not enough for a car accident victim to prove that he or she has been injured by the fault of another to sue for his or her pain and suffering or health care expenses. Victims must also meet a test called the “threshold” to be compensated for these losses. The threshold test looks at the injuries …

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 …

Optional Benefits: A Necessity

  Authored by: Alfonso Campos Reales If you drive a car in Ontario, optional benefits are a necessity to protect you and your family. When you are injured in a car accident in Ontario, you are entitled to accident benefits coverage. These include funding for your medical and rehabilitation expenses, as well as funding to have a professional care for you after an accident. Because …

What If My Insurance Broker Doesn’t Tell Me About Optional Benefits?

As previously discussed on the OTLA Blog, everyone should consider buying optional automobile insurance Accident Benefits. In 2016, Accident Benefits were slashed by the Ontario Government.  But, consumers can buy back the old coverage levels (and more) by purchasing optional benefits. Instead of the “normal” $65,000 of Medical and Rehabilitation (Med-Rehab) and Attendant Care Benefits available to non-“minor” and non-Catastrophic injury victims and the $1M …