Most cases today are subject to a monetary deductible on compensation for pain and suffering, which increases annually to $41,503.50 in 2022.

For more serious cases where pain and suffering damages are assessed at greater than $138,343.28 for 2022, the deductible does not apply. In other words, if you settle your claim in 2022, if your damages are assessed at $140,000.00, you would get 100% of your pain and suffering damages – $140,000.00; however, if your damages are assessed at $135,000.00, the deductible is applied which means you would get $135,000.00 less $41,503.50, for a net damage award of $93,496.50.

Most Ontarians do not know this, and if your claim goes to trial and it is in front of a jury, we cannot advise the jury of the deductible and threshold.

Only those who meet the requirements and have sustained serious injuries are likely to have a viable lawsuit. It is important therefore, that injured victims seek legal advice and direction following injuries suffered in a car accident.

The majority of car accident cases settle out to court. Accordingly, we believe that it is essential that cases proceed through the litigation process efficiently, effectively, and with minimal delay.

It is quite common for many of our cases to be settled either at a mediation or at a settlement conference within two to three years of the accident.  At Juzkiw Law we seek to attain these objectives by issuing a Statement of Claim generally within six months of becoming retained and by arranging examinations for discovery and mediation promptly.

By attending settlement conference or mediation and obtaining compensation our clients deserve as early as possible in the litigation process, the strain and stress of litigation is reduced and you’re the peace of mind of knowing that your case has been successfully resolved.  

What happens after I notify my insurer of the accident?

FREQUENTLY ASKED QUESTIONS (& ANSWERS)

1. You must complete and return the accident benefits claims forms provided by your insurer within the required time frame.  Your insurance company may send an adjuster to meet with you to discuss the accident and your injuries. You do not have to meet with the adjuster from your insurer until you are medically able, and you are under no obligation to speak with the adjuster from the at-fault person’s insurance company. You may wish to speak with a lawyer prior to meeting with any adjuster.
2. What if the insured person is incapacitated by their injury?
3. A person may be appointed as substitute decision maker when the victim’s injuries make them incapable of making their own treatment and financial decisions.
4. If I caused the accident can I still claim benefits?
5. Yes. In Ontario we have what is called a no-fault system where an injured person is entitled to certain benefits under the SABS, regardless of who is at fault.
6. When can my insurer deny me initial entitlement to benefits?
7. Your insurer is not required to pay income replacement benefits and non-earner benefits, and certain other benefits, where you were the driver at the time of the accident and:

•       You knew or ought to have known that the vehicle was not insured;
•       That you were not licensed to drive;
•       You were an excluded driver under the insurance policy of the vehicle you were driving at the time of the accident;
•       You were convicted of impaired driving, driving under the influence or failing to provide a breath sample;
•       You misstated facts to the insurer in order to obtain motor vehicle insurance;
•       You were an occupant or driver of a vehicle, when you ought to have known that the vehicle was being driven with the owner’s consent; or
•       You were an occupant or driver of an automobile that was being used in connection with a criminal offence.

1. When can the insurer stop paying my weekly benefits?
2. The insurer may require an OCF-3 Disability certificate from a health practitioner confirming that you continue to suffer from a disability. The insurer may stop weekly benefits payments after 10 days of its request for a certificate if it is not provided. The insurer may also require that you be evaluated by a health practitioner of their choice. The assessment report arising from this examination is provided to the insurer, and they must then provide a copy of the report to you within five days. They may also stop paying weekly benefits if they require that you attend a medical assessment and the assessor determines that you no longer meet the test of disability as set out in the SABS.
3. How do I arrange for treatment of my injuries under the SABS?
4. You must file a treatment plan with the insurer prior to starting any treatment. It must be prepared and signed by a healthcare professional. You may see your own healthcare provider for this assessment. The insurer may require that you attend an insurer’s examination with respect to your claim for benefits to determine your entitlement.

10 TIPS: AFTER AN ACCIDENT

The following tips have been compiled over many years of experience in protecting the interests of injured victims and their families:

1.       Notify police. Report the accident.
2.       Notify your insurer of the accident. To claim statutory accident benefits, you must notify your insurer of your intent within seven days of the accident, or as soon after as is feasible considering your injury.
3.       File benefit forms. Benefit application forms must be filed with the insurer within 30 days of your receiving them. If your injuries prevent you from filing within the requisite 30day period, you must file the forms as soon as is reasonably possible.
4.       Check for other insurance coverage. Through your work, a private plan or other work source.
5.       Don’t delay. Any lawsuit to enforce the payment of benefits must be commenced within two years from the time the insurer refused to pay.
6.       Keep copies of all documents that relate to your case. This includes copies of your insurance policies, repairs, prescription receipts, accident benefits proof of claim forms, doctors’ notes, wage verification forms, T4 slips, etc.
7.       Record out of pocket expenses. Retain receipts for expenses, as they are needed to document your claim.
8.       Document any witnesses. Record the contact information of witnesses to the accident
9.       Document your injuries/medical condition. Notify your family doctor of your injury and retain all medical information from your treatment team in relation to the accident.
10.   Consult a lawyer. A lawyer will help assess whether you have a case suitable for litigation, and extent of your entitlement to benefits and compensation.