Insurance companies go out of their way to encourage people to give them a recorded statement. They do this to help reduce the amount of money they will have to pay on a claim. The reason that recorded statements are so tricky, is that most people think that they won’t hurt their case by giving the adjuster a recorded statement, or they think they have to give a recorded statement or else the insurance company won’t fix their car or pay their bills. But before you give a recorded statement, get the help of a lawyer. Let him tell you if you have to give a statement or not. Let him tell you what questions you do or don’t have to answer.
Author Archives: Admin4
New impaired driving laws could let ‘majority of stoned drivers’ escape prosecution: advocacy groups
Canada’s ruling Liberals want to make it an offence for vehicle operators to have more than two nanograms for milliliter of tetrahydrocannabinol (THC) in their blood, but two lobby groups suggested Wednesday it should be an offence, in some circumstances, to have any detectable level of illegal drugs in the blood, saliva or breath.
D.S. v. TD Insurance Meloche Monnex, 16-000131-AABS
The issue before the Licence Appeal Tribunal in this matter was whether the circumstances of the incident met the definition of “accident” as defined in section 3(1) of the Statutory Accident Benefits Schedule – Effective September 1, 2010 (the “SABS”).
Canada: Ontario Court Provides “Appropriate” Relief Against Statutory Limitation For Insurance Claims
Ontario’s two year limitation period often becomes a trap for unwary policy holders who suffer a property loss. It is not uncommon to see claims drag on through the adjusting process, with interim payments being made, only to have insurers deny some or all of the claim more than two years after the loss. When the insured sues, insurers then claim the action is statute barred — a position our courts have accepted in a number of cases. A recent decision by Justice Paul Perell provides the insured with some relief from this trap. In Nasr Hospitality Services Inc. v. Intact Insurance (“Nasr“),1 Justice Perell confirmed that even though your claim may arise on the date of loss, it is not necessarily fully “discovered” until a later date.
Focus: Social media evidence plays important role in litigation
Lawyers need to brush up on their social media skills to properly represent their clients as litigation involving evidence from sites such as Facebook and Twitter surges, according to a Toronto litigator.
Jury awards $2,309,413 to Pedestrian who sustains Traumatic Brain Injury
In a 2016 trial, Cadieux v. Saywell, the jury awarded a severely injured plaintiff $2,309,413 in damages. The plaintiff commenced the civil action after he was pushed onto the road by another man and then struck by a truck. The driver of the truck and Mr. Saywell, the man who pushed the plaintiff, were named as defendants in the lawsuit.
https://www.ilolaw.ca/blogpost
‘Stretch goal’ fail: Ontario auto insurance rates go up again
TORONTO – Auto insurance rates in Ontario rose again in the second quarter of 2017.
Approved rates posted by the Financial Services Commission of Ontario show an average increase of 0.76 per cent.
http://www.torontosun.com/2017
Automobile Insurance Fraud: Prevalence, Prevention, and Response
Insurance fraud is a tale as old as time. The earliest recorded incident occurred in Ancient Greece, around 300 BC. Hegestratos, a merchant, took out an insurance policy which required payment (with interest) upon his ship’s safe arrival to its destination. Failing to repay the loan would result in repossession of the ship and its cargo. Hegestratos conspired to commit insurance fraud by sinking his empty ship and selling the cargo, thereby keeping the loan. For the record, he was unsuccessful, as he drowned trying to escape his crew who caught on to his plans.1
Cyclist’s death renews calls for stricter penalties for drivers
The crash that killed Gary Sim cut his life short and robbed his family of a loved one. By law, the most it will cost the driver who hit him is a few hundred dollars.
Applicant makes case that treatment plans are reasonable and necessary – Applicant v Echelon LAT 16-003223
The applicant was in a car accident on March 14, 2010 when the car he was operating was rear-ended. The applicant and his wife were both injured in the accident and their two-year-old daughter sustained fatal injuries. In April 2014, the applicant was found to be catastrophically impaired as a result of the accident. In June 2014, the applicant sought a rehabilitation benefit pursuant to the SABS. At the time of the application the applicant was 34 years old with two young children at home.