Frequently Asked Questions

I was just involved in a car accident a short time ago. So far my insurance company has given me everything I have asked for. Is it really necessary to speak to a lawyer at this time?

Yes. Like a doomed marriage, the relationship between an insurance company and accident victim typically starts well but ends badly.

Insurance adjusters are trained to be polite and civil and are required to approve the first Treatment Plan you submit.  And they usually pay for your medications.  However, your claim is costing the insurance company money. Your insurer is in the business of keeping expenses down.  Therefore, it is the insurer's best interest to end the relationship and terminate your claim sooner rather than later.

A lawyer specializing in car accidents is like a family law mediator who is on your side. He may not be able to restore a good marriage, but he can prevent your insurer from proceeding with a divorce.  This will buy you the time you need to continue to receive the income replacement benefits you need to pay your monthly bills.  It will also buy you additional time to fund the medical benefits you need to ensure full restoration to health.

I was injured in a car accident. My own insurance company has stopped paying for my treatment. Is there anything I can do?

Yes. After denying payment on a Treatment Plan, your insurer will usually send you for an Insurer Examination, which usually confirms the denial.  You should speak to your family doctor, show him or her the Insurer Examination and ask for him/her to respond.

Your Insurer will likely continue to deny payment. You have the right to apply for a hearing through the Licencing Appeal Tribunal (LAT). If you need assistance with fill out the application to the LAT, call me at 416-383-0550.

After a car accident, I have been receiving accident benefits from my own insurer. Can I also sue the person who caused the accident?

Yes, if you are not at fault (or only partially at fault) for the accident. You can claim damages not covered by your accident benefits claim such as income loss and general damages (pain and suffering).  However, there is a inflation-indexed deductible for pain and suffering, which in 2017 was $37,000 for claims up to $124,000.   Also, your injuries must be recognized by doctors as being serious and permanent.  If you would like to discuss this further, call me at 416-383-0550.

What if I am found to be partly at fault for the accident?

Your claim will be reduced by the proportion you are found to be fault. For instance, if you are found to 25% responsible for the accident, your claim will be reduced by one-quarter.

I fell on the sidewalk near my home. Can I sue?

Yes. If you fall on city (municipal) property, such as sidewalks or roadways, you have 10 days to provide written notice of the accident to the municipality. If you miss this deadline, you may be able to proceed with a claim if you have a reasonable excuse for the delay. Your best option is to provide written notice immediately, even if you are past 10 days.

After providing written notice, even if you are seriously injured you will have to establish that the municipality was negligent in maintaining its property. In my experience, claims against municipalities are much more difficult to win than other slip and fall claims. Give me a call at 416-383-0550 to discuss your claim.

My spouse got into an accident, not me. Do I have a claim?

Possibly. You will generally have a claim if your spouse's injuries badly affected your relationship. For example, your spouse's injuries may keep him or her (and therefore you) awake at night. Likewise, during the day your spouse may largely ignore you, becoming focused on his or her pain and discomfort. Both situations will likely be the basis for a claim for loss of care, guidance and companionship.

A parent was injured in an accident. Do I have a claim?

Possibly, if you were dependent upon your parent at the time of the accident. If your parent's injuries mean that he or she is no longer able to care for you as before, you likely have a claim. This is especially true if you now find yourself caring for your injured parent more than he or she attends to your needs. Please call me to discuss your situation.

 

Disclaimer: The information on this website, www.kmlawyer.ca, is not intended to be legal advice. If you require assistance with any legal issues, please consult a lawyer.

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