‘FAIR – supporting auto accident victims through advocacy and education’
After an Auto Accident: Understanding the Claims Process https://www.fsco.gov.on.ca/en/auto/brochures/Pages/brochure_claims.aspx
- Tips on How to complete the OCF-3 Disability Certificate following an Ontario Car Accident
- How to complete the OCF-19 Application for Determination of a Catastrophic Impairment (Ontario)
The entire Insurance Act is 186 pages https://www.ontario.ca/laws/statute/90i08
Insurance Act ONTARIO REGULATION 34/10 STATUTORY ACCIDENT BENEFITS SCHEDULE — EFFECTIVE SEPTEMBER 1, 2010 Consolidation Period: From January 1, 2015 to the e-Laws currency date. O. Reg. 236/14. http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_100034_e.htm#BK61
Superintendent’s and Commissioner’s Guidelines – Auto Insurance SABS –Each guideline is issued as part of an auto insurance bulletin. For convenience, the following provides direct links to the guidelines, listed chronologically by year (No. 3/01 is the third guideline issued in 2001), starting with guidelines issued by the Superintendent of Financial Services. Following each guideline is a link to the specific bulletin with which the guideline was issued. https://www.fsco.gov.on.ca/en/auto/superintendent_guidelines/Pages/Default.aspx
Insurance Act R.R.O. 1990, REGULATION 668 FAULT DETERMINATION RULES http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm
Ontario Automobile Policy http://www.fsco.gov.on.ca/en/auto/forms/Pages/oap1_forms.aspx
Minor Injury Guideline https://www.fsco.gov.on.ca/en/auto/autobulletins/2014/Documents/a-01-14-1.pdf
Professional Services Guideline https://www.fsco.gov.on.ca/en/auto/autobulletins/2014/Documents/a-08-14-1.pdf
The Dispute Resolution Practice Code (“Code”) is a user’s guide to resolving disputes between consumers and insurers involving statutory accident benefits claims under the Insurance Act and theStatutory Accident Benefits Schedule (“SABS”).The Code is published by the Dispute Resolution Group of the Financial Services Commission of Ontario (“FSCO” or the “Commission”). Although there have been previous editions of the Code, this edition is the first published by the Dispute Resolution Group as part of FSCO. https://www.fsco.gov.on.ca/en/drs/DRP-Code/Pages/default.aspx
Automobile Accident Benefits Service (AABS) (in effect as of April 1 2016) If you can’t agree with the insurance company about whether or not you are entitled to a benefit or the amount of a benefit, you can apply to AABS for help in solving your dispute. AABS works with individuals and insurance companies to help them quickly reach a settlement. http://www.slasto.gov.on.ca/en/AABS/Pages/default.aspx
Apply for CPP disabilty https://www.canada.
Apply for ODSP (Ontario Disability Support Program) http://www.mcss.gov.on.
Ontario disability parking permit https://www.ontario.ca/
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Correcting Your Personal Health Information
If you believe that your personal health information is not accurate or complete, Ontario’s health privacy legislation, the Personal Health Information Protection Act (PHIPA), gives you the right to make a request to have it corrected. https://www.ipc.on.ca/health/correcting-your-personal-health-information/
2011 Annual Report of the Office of the Auditor General of Ontario http://www.auditor.on.ca/en/content/annualreports/arreports/en11/301en11.pdf
Auto Insurance Regulatory Oversight Follow-up to VFM Section 3.01, 2013 Annual Report of the Office of the Auditor General of Ontario http://www.auditor.on.ca/en/content/annualreports/arreports/en13/401en13.pdf
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Legal Resources of Interest:
Getting Legal Help http://www.sjto.gov.on.ca/en/getting-legal-help/
CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. CanLII’s goal is to make Canadian law accessible for free on the Internet. This website provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions. http://www.canlii.org/en/index.html
Licensed Appeal Tribunal (LAT) (AABS) decisions on Canlii (April 1, 2016 onward) https://www.canlii.org/en/on/onlat/#search/type=decision&ccId=onlat&id=AABS&origType=decision&origCcId=onlat
Financial Services Commission of Ontario database of arbitration and appeal decisions from the former Ontario Insurance Commission and the Financial Services Commission of Ontario. There are passwords required and a phone number is on the page to acquire the password. The word ‘database’ (highlighted in blue) will take you to the page to enter the password and then do your search.
http://www.fsco.gov.on.ca/en/drs/Pages/arbitration_appeal_decisions.asp
For Insurance Claim Forms from The Financial Services Commission: http://www.fsco.gov.on.ca/en/auto/archives/Forms/Pages/Auto-Insurance-Claims-Forms.aspx
Financial Services Commission of Ontario DISPUTE RESOLUTION PRACTICE CODE FOURTH EDITION NOVEMBER 2013 http://www.fsco.gov.on.ca/en/drs/DRP-Code/Documents/DRPC-Fourth-Edition-Collected.pdf
Solicitors Act, R.S.O. 1990, c. S.15 https://www.ontario.ca/laws/statute/90s15
Links to Insurance Regulations for Ontario:
FAIR cannot provide legal advice, interpret the law or conduct research. You may be able to obtain assistance from a lawyer or paralegal. The information below is from Ontario’s e-laws.gov.on.ca website.
Insurance Act
R.R.O. 1990, REGULATION 672
STATUTORY ACCIDENT BENEFITS SCHEDULE — ACCIDENTS BEFORE JANUARY 1, 1994
Insurance Act – R.R.O. 1990, Reg. 672
Insurance Act
ONTARIO REGULATION 776/93
STATUTORY ACCIDENT BENEFITS SCHEDULE — ACCIDENTS AFTER DECEMBER 31, 1993 AND BEFORE NOVEMBER 1, 1996
Insurance Act – O. Reg. 776/93
Insurance Act
ONTARIO REGULATION 403/96
STATUTORY ACCIDENT BENEFITS SCHEDULE — ACCIDENTS ON OR AFTER NOVEMBER 1, 1996
Insurance Act – O. Reg. 403/96
Insurance Act
ONTARIO REGULATION 34/10
STATUTORY ACCIDENT BENEFITS SCHEDULE — EFFECTIVE SEPTEMBER 1, 2010
Insurance Act – O. Reg. 34/10
ONTARIO REGULATION 7/00
UNFAIR OR DECEPTIVE ACTS OR PRACTICES
Insurance Act – O. Reg. 7/00
Here are some helpful links. Please let us know if you have one that could be added to assist other victims in their journey of recovery.
Post Traumatic Stress Disorder (PTSD) Frightening situations happen to everyone at some point. People can react in many different ways: they might feel nervous, have a hard time sleeping well, or go over the details of the situation in their mind. These thoughts or experiences are a normal reaction. They usually decrease over time and the people involved can go back to their daily lives. Post-traumatic stress disorder, on the other hand, lasts much longer and can seriously disrupt a person’s life. http://www.cmha.ca/mental_health/post-traumatic-stress-disorder/#.U6nRKvldXTq
Understanding PTSD – http://www.fagellaw.com/
The NATIONAL ME/FM ACTION NETWORK a Canadian charitable organization dedicated to Myalgic Encephalomyelitis, also known as Chronic Fatigue Syndrome (ME/CFS) and Fibromyalgia (FM) through support, advocacy, education and research. http://www.mefmaction.com/ CPP Disability Guide http://mefmaction.com/index.php?option=com_content&view=article&id=425&Itemid=364
Brain Injury Society of Toronto (BIST) BIST supports ABI survivors and their family members. BIST members are children, parents, teens, spouses, and grandparents. Membership is open to anyone in the community with an interest in the challenges that come with living with the effects of brain injury. http://www.bist.ca/
Centre for Addiction and Mental Health (CAMH) The Centre for Addiction and Mental Health (CAMH) is Canada’s largest mental health and addiction teaching hospital, as well as one of the world’s leading research centres in the area of addiction and mental health. CAMH combines clinical care, research, education, policy development and health promotion to help transform the lives of people affected by mental health and addiction issues. http://www.camh.ca/en/hospital/Pages/home.aspx
Directory of Canadian Pain Clinics Specialists http://charmiefm.tripod.com/painclinics.htm
Canadian Pain Society useful links https://www.canadianpainsociety.ca/page/OnlineResources
Home Remodeling for Disability and Special Needs: What You Need to Know http://www.expertise.com/home-and-garden/home-remodeling-for-disability-and-special-needs
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Disabilities Threshold Paper – July 2009
http://www.lco-cdo.org/en/disabilities-threshold-paper
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Law Commission of Ontario
III. THEORETICAL FRAMEWORK & PRINCIPLES
In this section, we develop the theoretical framework that forms the basis of the principles and the outcome measures used for the Rights-Outcome Lens. This theoretical framework includes both new approaches to the conceptualization of disability and legal and policy sources.
http://www.lco-cdo.org/en/disabilities-call-for-papers-patton-pooran-samson-sectionIII
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Books for Ontario MVA victims
Denied Benefits? – How to Fight Back! 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
Automobile Insurance Basics & Accident Benefits: A Consumer’s Guide https://healthlocator.ca/product/book/
Baseballs Don’t Bounce Random Thoughts From an Injured Brain Paperback by Forrest Willett http://www.amazon.com/gp/product/0988081016/ref=olp_product_details?ie=UTF8&me=&seller=
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| Alliance of Community Medical & Rehabilitation Providers | www.ontariorehaballiance.com |
| Financial Services Commission of Ontario | www.fsco.gov.on.ca |
| Concussions Ontario | www.concussionsontario.org |
| Ontario Brain Injury Association | www.obia.ca |
| Ontario Disability Support Program | https://www.mcss.gov.on.ca/en/mcss/programs/social/odsp/ |
| Ontario Safety League | www.ontariosafetyleague.com |
| Ontario Trial Lawyers Association | www.otla.com |
| Insurance Bureau of Canada | www.ibc.ca |