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auto accident

Gavel and scales of justice.
News ClaimsInsuranceLegal

Why AB claimant won’t receive additional benefits

August 1, 2023 Philip Porado

An applicant citing pain and other issues did not meet the burden of proof for an insurer to provide benefits beyond the minimum injuries guideline (MIG), adjudicator Janet Roswell wrote in a July 28, 2023 Licence Appeal Tribunal decision (Jabbour

Doctor fitting a wrist brace after a sprain
News ClaimsInsuranceLegal

Why this AB claimant couldn’t prove an inability to carry on a normal life

July 27, 2023 Philip Porado

An accident benefits claimant failed to meet the stringent non-earner benefit (NEB) test and is not entitled to ongoing benefits, adjudicator Derek Grant wrote in a July 21, 2023 Licence Appeal Tribunal decision. The claimant, Dominik Crnogorac (referred to afterwards

A woman at the scene of a car accident consoled by a man while answering police questions
News ClaimsInsuranceLegal

Insureds traumatized by witnessing car accidents are not entitled to benefits: tribunal

January 10, 2023 by David Gambrill

Insured drivers who suffer psychological trauma from seeing the aftermath of other people’s serious car accidents are not entitled to collect accident benefits, Ontario’s Licence Appeal Tribunal (LAT) has ruled. That’s because named insureds who witness other people’s car accidents

Cra in driveway covered with snow
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Walking towards your car, you slip and fall on ice. Is this an ‘auto accident’?

November 18, 2022 by David Gambrill

If you slip and fall on ice within 10-15 feet of your car, the car did not cause your fall, so that isn’t an ‘auto accident’ under the Statutory Accident Benefits Schedule (SABS), Ontario’s Licence Appeal Tribunal (LAT) ruled last

Gavel with an hourglass and antique books
News Insurance

Is the two-year limitation period set in stone?

July 21, 2022 by Jason Contant

A motor vehicle accident victim can proceed with her personal injury claims after British Columbia’s Civil Resolution Tribunal (CRT) found the provincial public auto insurer made an “explicit promise” not to be bound by the two-year limitation period to start

City taxi at night
News ClaimsClaims CanadaLegalLegislation / Regulation

Cabbie assaulted while chasing fare outside taxi is not involved in an “auto accident”

April 19, 2022 by David Gambrill

A taxi driver who was severely beaten by a passenger, after the driver walked 40-to-50 steps away from his running taxi to collect a fare, was not involved in an insurable “auto accident,” the Ontario Superior Court has confirmed. The

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Court balks at auto injury medical expert witness fee

August 3, 2018 by Greg Meckbach

When a motorist gets sued by an accident victim, should the defendant be ordered to pay $5,000 to reimburse the plaintiff for half a day’s court testimony from a plaintiff’s doctor? A British Columbia court official says no. Gary Senner

News ClaimsInsuranceLegal

Court tosses elderly couple’s 15-year-old auto insurance claim

July 26, 2018 by David Gambrill

Fifteen years after their auto accident, an elderly couple representing themselves in court lost their bid to further postpone their claim against their auto insurer, following years of adjourning trial dates and failing to show up in court. “The trial

News ClaimsInsurance

Where provincial drivers crashed an average of 960 times a day

July 22, 2018 by Jason Contant

Vehicle crashes in British Columbia hit an all-time high of 350,000 in 2017, the province’s public insurer reported this week. This equates to about 960 crashes a day – a 25% increase from 2014. “That means one out of 10

News ClaimsLegal

Auto injury lawsuit involving restaurant tip income could reach Canada’s highest court

June 21, 2018 by Greg Meckbach

A Victoria, B.C. auto accident victim who was awarded about a quarter of what she asked for in a lawsuit is hoping to appeal to the Supreme Court of Canada. A central issue in the case is the verification of

News ClaimsInsuranceLegal

Workers comp bars Ontario auto accident victim from suing in bizarre double-crash

June 7, 2018 by Greg Meckbach

In an auto accident claim involving back-to-back crashes, a woman who lost both her legs after being hit by a car is barred from suing the driver because the car that had carried her to the scene of the accident

News InsuranceLegalLegislation / RegulationMergers and Aqcuisitions

Supreme Court of Canada bars lawsuits against hospital, police by auto accident victims compensated by SAAQ

March 27, 2017 by Canadian Underwriter

An auto accident victim who is compensated by Quebec’s public automobile insurance plan cannot sue a third party for an “aggravated” or “separate” aspect of the injury, provided there is a “plausible, logical and sufficiently close link” between the accident