Accident Claim Disputes
Motor Vehicle Accident Claims
- Ontario regulates motor vehicle accident claims with thresholds to limit litigation, focusing on claims for serious injuries.
- The verbal threshold ensures only claims for significant and permanent injuries proceed.
- A monetary threshold reduces awarded damages for pain and suffering, with amounts adjusted for inflation.
- In specific cases, it’s possible to bypass the monetary deductible if damages exceed a certain inflation-adjusted figure.
– Statutory accident benefits provide basic coverage, with changes and options for additional benefits available.
Uninsured Motorist Claims
- Ontario regulates motor vehicle accident claims with thresholds to limit litigation, focusing on claims for serious injuries.
- The verbal threshold ensures only claims for significant and permanent injuries proceed.
- A monetary threshold reduces awarded damages for pain and suffering, with amounts adjusted for inflation.
- In specific cases, it’s possible to bypass the monetary deductible if damages exceed a certain inflation-adjusted figure.
- Statutory accident benefits provide basic coverage, with changes and options for additional benefits available.
Bicycle Accident - ON
Bicycle Classification in Ontario: Bicycles are recognized as vehicles under the Ontario Highway Traffic Act, distinct from motor vehicles due to their lack of an engine. This classification influences the rules for interactions between cyclists and motorists.
Motorist Responsibilities: Motorists are mandated to keep at least a one-meter clearance when overtaking cyclists, a safety measure to prevent accidents.
Legal Counsel for Cyclists: Cyclists can start a free consultation with legal counsel to protect their rights, either by filling out an online form or calling directly.
Reverse Onus in Injury Claims: The Ontario Highway Traffic Act includes a reverse onus provision, which presumes the motorist at fault in injury cases initiated by cyclists, transferring the burden of proof to the motorist.
Airline Accident
- Governing Conventions: The Warsaw and Montreal Conventions regulate claims for injuries during international flights.
- Carrier Liability: Airlines are liable for injuries occurring on board or during embarking/disembarking according to Article 17 of both conventions.
- Claims Criteria: Claims must involve an “accident,” result in physical injury or death, and occur on board or during embarking/disembarking.
- Definition of ‘Accident’: An “accident” is defined as an unexpected event external to the passenger.
- Recoverable Injuries: Only physical injuries are compensable; emotional distress alone is not covered unless linked to physical harm.
