accident Tag Archives

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 …

Hurt in a car? Thanks to the Ontario government, expect to lose tens of thousands from your lawsuit.

For years, accident victims have had their general damages claims automatically reduced by a deductible. How does this deductible work and what does it mean? Let’s consider two scenarios: Imagine for example that you slip and fall on a sidewalk, you break your arm and you decide to sue for pain and suffering damages. Imagine further that your pain and suffering damages are assessed as …

Lica v. Dhaliwal, 2015 ONSC 3888 (CanLII)

Released July 29, 2015 | CanLII The Plaintiff commenced an action against the Defendants after sustaining injuries in a motor vehicle accident. State Farm Mutual Insurance Company (“State Farm”) denied coverage to the Defendants and had itself added as a statutory third party in the action, but refused to provide detailed information as to why it denied coverage. The Plaintiff sought an order requiring State …

Dale Cox and Aviva Canada Inc., FSCO A13-012588

Released July 3, 2015 | Full Decision The Applicant was riding his bicycle in Burlington, Ontario, when an unidentified vehicle struck either him or his bike and he fell to the ground. The vehicle did not stop and there were no known witnesses. The Applicant’s bicycle was damaged to the point that he could not ride it home. The damage was seen by his wife and his brother-in-law. …

Ontario Passes New Laws for Safer Roads: Can Motorists, Cyclists, and Pedestrians coexist in harmony?

With the beautiful weather now upon us, there is no shortage of summer fun to be enjoyed in communities across the province. Whether it’s taking in the long anticipated Pan Am Games, attending summer festivals or just out for a good time, the reality is that more motorists, cyclists and pedestrians will be out in droves sharing the roads. However, this inevitable coexistence between motorists, …

The “Inevitable” Accident Defence

The inevitable accident defence can be applied not only in cases of black ice or potholes, but also where accidents are attributed to a medical condition, sudden mechanical failure, or an animal darting onto the roadway.