Even Insurance Companies Bound By Limitation Periods

We commonly post about limitation periods - the legal time limits to be able to take legal action. If you are involved in a motor vehicle or other personal injury incident, you can be sure that the insurance company will look to dismiss your claim if you miss the applicable time limit. Once in a while, we do get word of the insurance company falling victim to these time limits.

In Lombard Canada v. Royal Sun Alliance, a passenger was injured in a motor vehicle accident. A claim was made for accident benefits to Lombard, being the insurer for the vehicle \ driver. Lombard denied the claim, but took no steps to determine if there was any other insurer responsible for coverage and to take priority. Only later did Lombard discover the existence of another insurer that could respond to the claim, but Lombard did not put the second insurer on notice of this within the legislated 90 day time limit. Accordingly, Lombard was held solely responsible for the claim to the passenger as they missed the time period against the other insurer. If you have suffered serious personal injuries, contact Todd K. Plant for a free consultation at 613-563-1131. Plant Quinn Thiele LLP, Personal Injury Lawyers, www.pqtlaw.com

Car Accident - What does "No-Fault" - "Accident Benefits" mean?

What Does "No-Fault" - "Accident Benefits" mean?

If you have been injured in a motor vehicle accident in Ontario, the Insurance Act of Ontario provides details as to what compensation you are entitled to receive. They are called "No-Fault" benefits, often also referred to "accident benefits". A person injured as a result of a car accident in Ontario is entitled, regardless of who’s fault the accident is, to claim these benefits, usually from their own motor vehicle insurer. The "No-Fault" benefits are set out in regulations passed under the Ontario Insurance Act. If you did not have motor vehicle / car insurance at the time of the accident, the Ontario Insurance Act provides a series of priority rules to follow in assessing who is responsible for paying your benefits. You are, however, entitled to receive benefits.

The rules governing the benefits are extremely complicated. Benefits include income replacement benefits, medical expenses, travel expenses, physiotherapy costs, other treatment expenses, rehabilitation costs, caregiver expenses, housekeeping expenses, etc...

In order to claim benefits, you must report the accident to your insurer and complete and submit certain forms within a specific time-period. If you fail to report the accident to your insurer, you may lose your right to receive benefits.

What is important to know is that "No-Fault" benefits do not cover damages for pain & suffering. In order to receive pain and suffering damages, you should consult with a personal injury lawyer who can discuss with you how to advance a "tort" claim, which is a claim seeking compensation for pain and suffering, which claim is advanced against the persons who are at fault for the accident.

There are strict limits on who can advance a claim successfully. Specifically, an injured person must meet a certain "threshold" of injury. The injury must be "serious and permanent" in order to meet the threshold. The threshold is subject to judicial interpretation, changes and is defined by the Courts. In order to determine if your injuries meet the "threshold", you should consult with a personal injury lawyer.

Call us at 613-563-1131 for a free consultation. Marc-Nicholas Quinn, Ottawa Car Accident Lawyer. Www.PQTlaw.com.