Author Archives: Admin2

Who Is At Fault for This Car Accident?

After a collision, insurance companies determine the fault of each party in order to establish which property damage policy applies. In Ontario, if a driver is found to be over 25 per cent at-fault for an accident, their premiums will likely increase. Keep in mind that insurance follows the owner of the vehicle so when you lend someone your vehicle, you are also lending them your insurance.

http://www.huffingtonpost.ca/simmy-yu/car-accident-questions_b_8007150.html

Legal Matters-I was involved in a hit and run car accident where the other driver hit my car and left the scene of the accident. I am seriously injured. Who do I sue?

A hit and run is a serious offence that occurs when a driver hits another vehicle, pedestrian or cyclist and fails to remain at the scene of the accident. A driver has a duty to stop and remain at the location of the accident and the failure to do so is a violation of the law.

http://www.thespec.com/shopping-story/5791058-legal-matters-i-was-involved-in-a-hit-and-run-car-accident-where-the-other-driver-hit-my-car-and-lef/

Lawyer should have warned client about mounting costs

Lawyer Roderick Byrnes, who had previous professional misconduct convictions, should have warned his client about the “mounting costs” he was incurring while pursuing matters like divvying up household chattels and his preference to not have his spouse smoke in front of their children, Justice Janet Wilson ruled for the Divisional Court panel.

http://www.canadianlawyermag.com/legalfeeds/2848/lawyer-should-have-warned-client-about-mounting-costs.html

$90,000 Non-Pecuniary Assessment For Chronic Migraine Headaches

Reasons for judgement were released today by the BC Supreme Court, Nanaimo Registry, assessing damages for chronic migraine headaches along with a low back injury caused by a collision.

In today’s case (MacDonald v. Joseph) the Plaintiff was injured in a 2011 head on collision caused by the Defendant.  The Plaintiff suffered a variety of injuries, some of which recovered but was left with a legacy of chronic migraine headaches and low back pain.

http://bc-injury-law.com/blog/90000-nonpecuniary-assessment-chronic-migraine-headaches?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

Re-hospitalization rates for traumatic brain injury higher than previously reported

A new, Ontario-wide study shows that rates of hospital readmission following a traumatic brain injury (TBI) are greater than other chronic diseases and injuries and are higher than previously reported.

http://medicalxpress.com/news/2015-05-re-hospitalization-traumatic-brain-injury-higher.html

Government clawbacks will hurt accident victims: Casey

Ontario’s Liberal government — through proposed changes to the province’s auto insurance system and recent regulation amendments — has dealt several blows to plaintiffs that are certain to make life more difficult for injured individuals, says Toronto personal injury lawyer Emily Casey.

http://www.advocatedaily.com/government-clawbacks-will-hurt-accident-victims-casey.html

Insurers Have to Explain the Basis For Denial of Coverage; But What About Privilege?

In the July 29th, 2015 decision in Lica v. Dhaliwal, Price J ordered that State Farm, the insurer of the Defendants provide the reasons and basis for the denial of coverage. State Farm insured the Defendants in this action. However, State Farm denied coverage and added itself as a statutory third party in the action. However, State Farm did not provide detailed reasons for the denial of coverage.

http://www.ilstv.com/insurers-have-to-explain-the-basis-for-denial-of-coverage-but-what-about-privilege/

The bad habits driving policyholder premiums up

In July, the Financial Services Commission of Ontario reported that auto insurance premiums increased in the second quarter of 2015, despite the Liberal government’s pledge otherwise.

http://www.insurancebusiness.ca/news/the-bad-habits-driving-policyholder-premiums-up-194749.aspx

Insurance experiences more of this fraud than any other industry

84% of industries experience this type of fraud, but insurance professionals witness it most often. Here’s how brokers can stop it.

http://www.insurancebusiness.ca/news/insurance-experiences-more-of-this-fraud-than-any-other-industry-194750.aspx

Driver eyes suing Uber after crash

TORONTO – Tawfiqul Alam says he was only a few weeks into his new gig as an UberX driver when a crash totalled his minivan and left him injured and uninsured.

http://www.torontosun.com/2015/08/18/driver-eyes-suing-uber-after-crash