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Motor vehicle accident benefit changes continue to hurt victims and therapists

Aug 10, 2011

Since the Government of Ontario introduced changes to motor vehicle accident compensation a year ago, rehabilitation therapists, other clinicians and injured victims are struggling to cope.

Amendments to the Statutory Accident Benefits Schedule and the reluctance of insurance companies to approve assessments and much needed treatments have served to increase the upset accident victims and their families face.

The rate of denial for treatment plans is now three times higher than what it was before the September 2010 changes. Injured victims are often unable to secure the help that they need to rehabilitate properly and to address their family duties. Expenses associated with hiring help to perform household chores and to provide care to children and aging parents are no longer covered under the new standard benefit structure. Further, clashes with insurance companies over claims are not only increasing in frequency, but it is also taking longer to dispute denials with insurers as a result of a backlog in completing mediations at the Financial Services Commission of Ontario.

Unfortunately more changes are coming. The Government is expected to release new amendments to the law that will redefine catastrophic impairment. This change will further reduce the number of people who will have access to enhanced benefits under this definition.

Many groups have already made submissions of protest to the Financial Services Commission, but much more action is needed to prevent further detrimental changes from occurring.

Carranza LLP is an experienced personal injury law firm with a competent and successful accident benefits team. We truly believe that injured victims need an advocate now more than ever to navigate through this complex benefit structure.

We are also members of the Ontario Trial Lawyers Association. Through this organization, we are planning a publicity campaign to help persuade the Government that it is both premature and ill-advised to proceed with the recommended changes to redefine catastrophic impairment.

Please contact your local MPP to let them know your concerns. For a list of MPPs, visit www.ontla.on.ca and click on the Members (MPPs) link.

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did you know?

Only 39% of safety seats for school aged children (ages 4-8) are used correctly.

Source: Transport Canada

Car Accident Timelines

You have 10 business days to provide the insurance company information after it requests, or it can suspend or deny your benefits.

 
  • 7

    days

    You must inform the Accident Benefits insurance company of the accident and that you were hurt. MORE

  • 30

    days

    You must complete and send the Accident Benefits application within 30 days of it being provided to you by the insurance company. MORE

  • 120

    days

    You need to give written notice of your intention to sue the at-fault parties. MORE

  • 2

    years

    To commence a lawsuit against an at-fault driver or your own insurance company if your benefits are denied. MORE

 

All of the information on this site has been provided by Carranza LLP, Canada’s first ISO 9001:2008 certified personal injury law firm.

1280 Finch Ave. West, Suite 200

Toronto, Ontario Canada

M3J 3K6

T: 1-877-633-1065

F: 416-633-9782

To reach us by email please contact

lawoffice@carranza.on.ca

Disclaimer: This website is meant as a general reference for injured persons and their families. The medical and legal information contained in this manual is not intended to offer legal or medical advice. The content of this website is for informational and educational purposes only and is not intended as a substitute for the professional judgment of a legal and/or healthcare professional, and you should not rely upon any material or statements made on this website for legal or medical advice. It is not intended to create a solicitor-client relationship. It is recommended that you review any medical information carefully with your doctor or healthcare professional before making any decisions regarding your health or recommended medical treatment. While reasonable attempts have been made to ensure the accuracy of the information on this website, our firm cannot make express or implied representations or warranties about the accuracy or completeness of the information. Each person's legal needs are unique, and these materials may not be applicable to your legal situation. Please contact an Ontario Personal Injury lawyer for a consultation on your particular personal injury matter.

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