• homeslide-220513-04 FAIR – supporting auto accident victims through advocacy and education
  • homeslide-220513-03 FAIR – supporting auto accident victims through advocacy and education
  • homeslide-220513-02 FAIR – supporting auto accident victims through advocacy and education
  • homeslide-220513-01b FAIR – supporting auto accident victims through advocacy and education

Welcome to FAIR Association of Victims for Accident Insurance Reform

‘FAIR – supporting auto accident victims through advocacy and education’

FAIR (Fair Association of Victims for Accident Insurance Reform) is a grassroots not-for-profit organization of MVA (Motor Vehicle Accident) victims who have been injured in motor vehicle collisions and who have struggled with the current auto insurance system in Ontario.   Read more »

_______________________________________________

Rally June 3rd at Queen’s Park 

Join NeuroConnect and FAIR Association as we ask the Ontario Government to:

STOP REDUCING ACCIDENT BENEFITS

When: Wednesday, June 3 at Noon
Where: Queen’s Park, Main Legislative Building, South Lawn

In the event of rain, a news conference will be held in the media studio at Queen’s Park at noon.

http://www.newswire.ca/en/story/1545075/proposed-auto-insurance-changes-a-wynne-for-industry-but-a-loss-for-the-injured

http://www.newswire.ca/en/story/1545375/ontario-government-abandons-auto-accident-victims

Please note that there is no parking at Queen’s Park. You may find parking and transit information here: http://www.ontla.on.ca/lao/en/coming-to-queens-park/location-and-parking/

The Accident Benefit Coalition consisting of NeuroConnect, FAIR Association, and concerned citizens has a new webpage. Please visit www.accidentbenefitcoalition.com and sign up to be members.

Thank you so much to our first video advocates, Daniel and Nick and Kevin.

Daniel’s video: https://youtu.be/JYgFdkAp-Go
Nick’s video: https://youtu.be/fm5hiu89J60
Kevin’s video: https://www.youtube.com/watch?v=Rh1rm_FXa1Y&feature=youtu.be

If you are interested in sharing your story and advocating for future victims by creating a video OR if you have questions regarding the rally please email info@neuroconnect.ca or call 416-999-2383.

We hope to see you there and please continue to share the petition!

All are welcome. Signs are encouraged.

Click here to sign the petition: https://www.change.org/p/ontario-mpps-finance-minister-charles-sousa-stop-reducing-ontario-accident-benefits

Please contact info@neuroconnect.ca for more information. #ABIPetition on Twitter

********************************************

After an Auto Accident: Understanding the Claims Process   

                 See our Resources page for more information   

______________________________________

MVA victims can join FAIR at no cost and get on our mailing list! 

http://www.fairassociation.ca/member-application/

Visit our membership page at: http://www.fairassociation.ca/become-a-member/

If you’d like to donate to FAIR to support us in our efforts to change Ontario’s auto insurance coverage, you can access the FAIR Donation Contribution Form here.

******************************************************

Government slashes benefits to seriously injured MVA victims and calls it “Promoting consumer protection” 

It’s a sad day for Ontario consumers when our government puts the interests of big business insurance companies ahead of the health and well-being of Ontario’s injured auto accident victims. The slashes to auto insurance coverage in the 2015 budget  can only be seen as a step closer to public auto insurance when with every cost saving solution the IBC comes up with in order to curtail claims means the unsuspecting tax-payer will pay more of the costs for victims through our publicly funded programs.

View our latest media release:  FAIR reaction to Budget April 28 2015

Ontario already has an auto insurance claims disaster:  Ontario’s Auto Accident Victims in Crisis

We’ve been overpaying for years: Returns on Equity for Automobile Insurance Companies in Ontario

What are auto accident victims losing so Insurers can gain greater profit on the backs of the injured?

The definition of catastrophic is set to be severely restricted to make the definition consistent with the latest medical evidence. That will likely mean that combining physical and psychological impairments will no longer be permitted. This will see many severely accident victims without adequate coverage.
 
Coverage available for catastrophically impaired victims will be cut in half. The limit of $1 million each ($2 million right now for both) for med/rehab and attendant care will be limited to $1 million total for both med/rehab AND attendant care combined. There will be optional coverage available at an added cost.
 
The standard duration for med/rehab benefits will be reduced to 5 years instead of the previous 10-year maximum, except for children. Costs for care will then fall on Ontario’s taxpayers through OHIP and various public supports.
 
Non-catastrophic coverage will be reduced. If the budget is passed, med/rehab and attendant care coverage will be $65,000, down from the current combined total of $86,000. Consumers will have an option to increase this coverage up to $1 million at an added cost.
 
The six month waiting period for non-earner benefits will be eliminated the duration of non-earner benefits will be limited to two years after the accident.
 
The government will be introducing amendments to the Insurance Act to adjust the deductible and the disappearing deductible amount to reflect inflation since 2003 and link it to future changes in inflation. The deductible or the amount you insurer is ‘allowed’ to keep when a claimant takes the insurer to court is presently $30,000 for cases in civil court that are worth less than $100,000. This is already a deterrent to victims’ ability to hold insurers accountable. There will be further changes to allow for the effect of the tort deductible to be taken into account when determining a party’s entitlement to costs.
Call or write to your MPP and tell them you expect better at: http://www.ontla.on.ca/web/members/member_addresses.do?locale=en

*********************************

What’s in YOUR Legal Bill???

You may not be paying what you think you are for your legal representation. By the time the costs of holding our insurer accountable come due and payable many auto accident victims are on their second or even third lawyer. Often the invoices for legal services are without detail and we are simply told what we are supposed to pay without adequate explanation.

According to the most recent data available 78% of Ontario’s legal bills are reduced at an assessment hearing. It’s a clear indication that something is very wrong when better than half of all legal bills (not just auto accident claims) are found to be excessive. Over 25% of these fees-for service accounts are reviewed and then reduced by 50% or more at a hearing so if you don’t understand what’s in your legal bill it may be worth the trip to court to find out.

It might come as a surprise to most people that it’s legal and accepted by our courts to increase the hourly rate without advising you, or to round up hours to a higher amount, or add on a ‘premium’ for a lawyer’s success in court to a client’s bill.

A recent assessment of costs case, Wilson v Edward, with no written retainer or contingency agreement documents “a $100,000 premium for significant success” for a plaintiff’s legal representative. The judge also allowed the lawyer to increase his hourly wage from $300/hr to $500/hr without informing the client saying “it would be patently unreasonable to find any client so naïve as to believe that an applicable hourly rate would not escalate over the passage of 149 months”.  The lawyer was also able to round up his hours and add on an additional $2000 in legal fees to the client which the court also found “satisfactory”.     more….

Additional information at: http://www.fairassociation.ca/choosing-a-lawyer/

How Do I Get a Lawyer’s Bill Reviewed Getting a lawyer’s bill reviewed is called a Solicitor-and-Client Assessment. This is a court procedure where a client and/or a lawyer may have his or her legal bill reviewed at an assessment hearing in the Ontario Superior Court of Justice. https://www.lawhelpontario.org/lawsuits-disputes/superior-court/how-to-guides-superior/get-lawyers-bill-reviewed/

**********************************************

What’s in YOUR medical file???

There is increasing evidence that Ontario’s auto accident victim’s medical files are being routinely changed to suit the needs of Ontario’s insurers to save money by deflating an MVA victim’s injuries. Portions of reports have been removed, manipulated or even changed entirely without the author’s knowledge or consent. Signatures have been forged or used without permission in many cases. Victims and their legal representatives should be viewing reports and evidence with a critical eye to insurer fraud whether it be an adjuster, an assessor, assessment centers, treatment facility or even your own lawyer’s staff. This abuse of evidence is widespread and should be a major factor in the fight on fraud and yet it isn’t. Accident victims are often re-victimized and defrauded out of the coverage they paid for by the fraudulent acts of others.

FAIR Policy question regarding evidence used at FSCO DRS hearings
FAIR response from FSCO JR Richards

******

A leaked document from a discussion forum

I am involved in an Arbitration on the issue of catastrophic impairment where Sibley aka SLR Assessments did the multi-disciplinary assessments for TD Insurance.  Last Thursday, under cross-examination the IE neurologist, Dr. King, testified that large and critically important sections of the report he submitted to Sibley had been removed without his knowledge or consent.  The sections were very favourable to our client.  He never saw the final version of his report which was sent to us and he never signed off on it.  more…

Ansari and State Farm  [+]  Arbitration, 2014-12-24, Reg 403/96. Final Decision

Medical Rehabilitation Benefits/Cost of Examinations 

10.  The Respondent submits that given the Treatment Plan of November 5, 2010, was not signed by a health practitioner and part 4 was admittedly “forged”, the Treatment Plan should not be considered in the context of this arbitration hearing. Additionally, it was also withdrawn; therefore it is not properly in dispute in this proceeding and is not payable [334].

For the purposes of this Hearing, I find the Treatment Plan, as completed and signed by Ms. Lipka, a registered nurse, is valid. After the report left the hands of Ms. Lipka, the report was altered, for reasons unclear, by others as to her designation. No evidence was introduced at the Hearing to show the assessment was withdrawn.

Burwash v. Williams, 2014 ONSC 6828 (CanLII) 2014-11-25  http://canlii.ca/t/gfdrp

[10]           The Plaintiffs assert that they had no reason to suspect that Cira was involved in the review, revision and editing of draft expert reports until the examination for discovery of Dr. St. Pierre when answers and subsequent productions indicated that Cira may be using third parties to review and revise the Defendants’ expert reports.

[24]           The Plaintiffs provided documents that indicate that there may have been third party manipulation and alteration of the expert reports that the Defendants will rely upon at trial. Relevancy is established since this issue goes straight to the heart of the Plaintiffs’ case and the medical evidence they intend to lead to prove damages.  more…

MC v KE, 2013 CanLII 55435 (ON HPARB),  2013-09-04  http://canlii.ca/t/g0c3g

10.              However, the Committee did express concern about the information uncovered during the course of the investigation related to Riverfront having altered the Respondent’s report. The Committee noted the “egregious” impact that these changes could have had on the Applicant’s entitlement to benefits. In the result, the Committee decided to offer advice to the Respondent about the importance of ensuring that she personally reviews and approves any assessment report she completes prior to the report being issued.   more…

Macdonald v. Sun Life Assurance Company of Canada, 2006 CanLII 41669 (ON SC) — 2006-12-13 http://canlii.ca/t/1q596

[1]            In the course of this jury trial I ruled that Dr. Frank Lipson, who had conducted a defence medical of the plaintiff, not be permitted to testify as an expert witness on behalf of the defence. Dr. Lipson had testified that a medical report purportedly signed by him had not been signed by him.  He stated that his signature stamp had been affixed to the report without his authority by an individual at Riverfront Medical Evaluations Limited (Riverfront) thecompany who had retained him to conduct the defence medical. I made my ruling based on the evidence before me at the time. The case proceeded and the jury ultimately delivered a verdict awarding the plaintiff damages and that verdict has not been appealed. However, in view of the serious allegations that had been made against Riverfront I felt that Riverfront should be given an opportunity to respond before I delivered the full reasons for my ruling.   more…

FSCO Minutes - March 25, 2011 – 5. “Doctored” Reports:

http://www.fsco.gov.on.ca/en/drs/counselforum/Pages/2011-03-25.aspx

Senior Arbitrator Nastasi reported that a recent unit meeting arbitrators reported two separate hearings in which in the middle of testimony by a doctor or assessor, it became clear that the report issued / produced by the Clinic or assessor was not the same report created by the doctor / assessor on the witness stand.   more…

So You Think You’re Covered! The Insurance Industry Rip-Off  by Jokelee Vanderkop  http://www.deniedbenefitclaims.com/index.html

pg 144-146 – ‘Preparing for Court’ – Only with his prodding did I take a closer look and was shocked to see that the signature was not mine although the typed name under it was. I was now more alert. I had never seen this letter despite my name being on it. The content of the letter had, most likely, been innocuously presented by the car insurer’s claims advisor to Mr. K.’s legal clerk to type up and  sign in my name, possibly under the guise of saving me a trip to their office to sign it and speed up my getting the funds. The insurer dealt with her for this transaction, rather than her boss, probably counting on her not being up to speed on the legalities. more…

**************************************************************

FED UP???

Don’t like the insurance we are being forced to purchase? Think you are being ripped off and mistreated? How about that non-existent oversight? Or the go-nowhere complaints process? Sick of waiting up to a decade to get to a hearing? (61,063 people on the court docket right now according to StatsCan) Have your say to FSCO’s Draft 2015 Statement of Priorities (below) – tell our government that victims interests and well-being are being ignored and while you are at it – cc what you write to the office of the Ontario Auditor General at:  http://www.auditor.on.ca/en/about_reach_en.htm

2011 Ontario Auditor General Report on Auto Insurance: http://www.auditor.on.ca/en/reports_en/en11/301en11.pdf

 

Section 11 of the FSCO Act requires that FSCO publish in The Ontario Gazette and deliver to the Minister of Finance by June 30 of each year a statement setting out FSCO’s proposed priorities and the reasons for adopting these priorities. FSCO’s draft 18th Statement of Priorities is now posted on FSCO’s website.

FSCO invites interested parties to make written submissions regarding FSCO’s draft 2015 Statement of Priorities. Interested parties may send submissions by June 8, 2015. FSCO’s 2015 Statement of Priorities will be submitted to the Minister of Finance in June 2015 and will be published in The Ontario Gazette shortly thereafter.

To comment, please email priorities@fsco.gov.on.ca. You may also send comments by mail or fax to:

Brian Mills, Chief Executive Officer and
Superintendent of Financial Services
Financial Services Commission of Ontario
5160 Yonge Street, Box 85
Toronto, Ontario M2N 6L9
Fax: (416) 590-7070 

______________________________________________________

Bill 15

Ontario’s insurers are looking to save money by reducing the interest penalty on overdue amounts owed to legitimate injured MVA victims with Bill 15

Before you pass Bill 15    our letter to legislators

FAIR Submission Bill 15 Standing Committee on General Government November 2014

FAIR response to Proposed Amendment to O. Reg. 34 – 10 Reduced Prejudgment Interest Rate

Ontario’s insurers and the IBC are lobbying to reduce pre-judgment interest rates on overdue payments to Ontario’s injured accident victims. We feel that this is an incentive to delay and deny even more claims going forward. After all, it is only those insurers who are incompetent at claims handling or who purposely deny legitimate claims who will benefit from the proposed reduced 1.3%/year interest they will have to pay on overdue amounts – it is an incentive to deny.

Take the time to comment on the reduced pre-judgment interest rate on overdue payments by Ontario’s insurance companies that is part of Bill 15. Review the 3 days of discussion about Bill 15 and auto insurance in the legislature – see links below – as you can see our legislators appear to believe that the interest rate reduction will affect only pain and suffering. The truth is it will affect ALL overdue amounts from insurers including income replacement, costs of treatment, attendant care etc. We cannot borrow money at 1.3% so it will mean that not everyone will be able to cover their own cost of care during a delayed and denied claim. Call your MPP and them them to stop giving away our benefits! Insurance companies in Ontario need to be held accountable, not given incentives to abuse victims through Bill 15.

What do our legislators have to say?

July 15, 2014     October 21, 2014     October 22, 2014     October 23, 2014     October 27, 2014    October 28, 2014    October 30, 2014    October 30, 2014     November 19, 2014    November 20, 2014

**********************************************************************************
An excellent read, a book that Ontario’s accident victims will benefit from and what Ontario’s auto insurers and the Insurance Bureau of Canada don’t want you to know – the often harrowing process of making a claim and trying to collect on what you paid for.   

‘So You Think You’re Covered! The Insurance Industry Rip-Off – Surviving the Fight for Long-Term Disability Benefits’

by Jokelee Vanderkop  http://www.deniedbenefitclaims.com/index.html

_____________________________________________________________________________________________________

IMPORTANT – WARNING 

Last year Ontario’s motor vehicle accident (MVA) victims made over 89,000 visits to private medical clinics, assessment centers and private offices for treatment and medical assessments. There is a serious lack of oversight or standards at these facilities. MVA victims are legislated by our government to attend these facilities for third party medical opinion examinations arranged by Ontario’s insurers. We are always at risk and we are without adequate protection from often very shady business operators and a system suffering from a lack of oversight, poor regulations and no enforcement.

Recent articles:

http://www.thestar.com/life/health_wellness/2014/11/02/safety_inspections_find_13_of_private_clinics_dont_meet_provincial_standards.html
 
http://www.thestar.com/news/queenspark/2014/11/03/critics_say_ontario_expanding_too_quickly_into_risky_private_clinics.html
 
http://www.thestar.com/life/health_wellness/2014/11/04/second_gta_physician_no_longer_allowed_to_treat_women.html
 
http://www.thestar.com/news/queenspark/2014/11/04/liberal_government_accused_of_ignoring_sexual_harassment.html
 

*****************************

Did you attend the Rothbart Pain Clinic for treatment? If so, you may want to read the recent Toronto Star articles below.

Public not told of infection outbreak at private Toronto pain clinic Sat Sep 20 2014

Infection outbreak at pain clinic sparks calls for greater transparency Tue Sep 23 2014

Pain clinic doctor faces disciplinary hearing after outbreak Thu Sep 25 2014

Rothbart Centre outbreak might have started earlier: lawyer Sun Oct 05 2014

Ontario health minister orders data on clinics made public Sun Oct 05 2014

    *******************************************************

    The IME – have your say about how you feel about the quality of Ontario`s expert medical reports

    (independent or insurer medical examination) see: http://www.fairassociation.ca/the-independent-medical-examination-imeie/

    Concerned about the current lack of oversight for Ontario’s insurer medical examinations? Third party medical examinations or IMEs are without rules or regulations or meaningful oversight by Ontario’s regulatory colleges – a great advantage for Ontario’s auto insurers who use these poor quality reports to delay and deny legitimate claimants claims for medical treatment and benefits. Fed up? Abused? Take the time to tell the Minister of Health about your concerns and how you feel about the treatment of innocent and vulnerable MVA victims at the hands of Ontario’s third party for-hire medical practitioners at:  ehoskins.mpp.co@liberal.ola.org

    FAIR statement to CPSO consultation on Dec 2 2014

    Current College of Physicians and Surgeons of Ontario CPSO consultations in respect to transparency at:  http://www.cpso.on.ca/Policies-and-Publications/Consultations  and   http://policyconsult.cpso.on.ca/?page_id=4981   Consultation closes April 1, 2015.

    Current comments regarding transparency at:  http://policyconsult.cpso.on.ca/?page_id=5062

    Past comments regarding transparency at: http://policyconsult.cpso.on.ca/?page_id=2420

    From the CPSO website:

    Specifically, the College is proposing amendments to Section 49(1) of the General By-Law, which sets out what information about physicians is included on the public register. In particular, we are proposing that the following information about physicians be included on the public register:

    ****************************************************************

    Not happy about our coverage for most injuries being capped at $3500.00 for rehabilitation? Think you are paying too much (you are) for the low coverage or have you been injured and can’t get the promised benefits? Do you think the process for making claims is abusive? Do you think coverage for the most catastrophically injured should be slashed so insurers can make more money? Write to your MPP at Queen’s Park and let them know that you are aware and watching and tired of being ripped off and abused. http://www.ontla.on.ca/web/members/member_addresses.do?locale=en

    *********************************************************************

    NOTICE – FAIR has been advised that at least one insurer is sending out notices to their assessors that they are not to share IME reports without approval from the adjuster – even with a signed consent form from the claimant. Assessors are told, “under no circumstances should any assessor be speaking/writing/communicating with claimants/plaintiff counsel.” If this adversarial policy is affecting your access to information about your IME or claim, we’d like to hear from you.

    *************************************************************

    Comments are closed.