One of the most commonly asked questions of our personal injury lawyers is how innocent car accident victims can get the insurance company to pay for their medical/rehab treatment following a car accident. This involves the proposed service provider completing the OCF-18 Treatment Plan Form.The Toronto Injury Lawyer Blog has already written on the topic of completing the OCF-18 Treatment Plan Form. This previous entry can be accessed here. But, since this question is asked of us so much, we thought it would be of great use to re-visit the topic. After all; getting the car insurer to pay for your post accident treatment is important to your rehabilitation and peace of mind. It certainly seems unfair if you would have to pay for the treatment out of your own pocket when you’re not able to earn an income following a serious collision.
Author Archives: Admin4
Legal Matters: Understanding your health benefits and insurance after an automobile accident
The law governing accident benefits in Ontario requires you to exhaust any other available insurance prior to accessing the benefits available to you from your auto insurer (statutory accident benefits). The Statutory Accident Benefits Schedule specifically states that payment of a medical, rehabilitative or attendant care benefit is not required for any portion of an expense for which payment is reasonably available under an insurance plan.
MKD provides surveillance for insurance companies, corporations
MKD International Inc. is often hired by insurance companies, law firms and corporations to conduct surveillance for a host of matters including workers’ compensation, personal injury, insurance fraud investigations and employee-related issues, says the firm’s managing director Jim Downs.
Cost Consequences of a Failure to Mediate
The court began by commenting on the “astonishingly aggressive opposition by the defendant” to any settlement, including all of the post-judgement issues in dispute. The Insurance Act requires insurers to settle claims as expeditiously as possible and to mediate disputed claims. The plaintiff argued that the defendant didn’t participate in mediation in any meaningful way.
http://www.slaw.ca/2016/08/02/
Automobiles Owned by the Insured or Spouse are “Uninsured Automobiles” when Taken without Consent
In the recent case Skunk v Ketash, 2016 ONSC 2019, the Ontario Superior Court of Justice examined the availability of uninsured and underinsured coverage to a policyholder’s spouse where the vehicle is operated without the consent of the owner.
Firm charged with fraud for doctoring Hurricane Sandy insurance reports
The charges are the result of an investigation opened in 2014 by New York Attorney General Eric Schneiderman after lawyers for scores of New York and New Jersey homeowners filed civil lawsuits claiming that altered engineering reports had led to them getting less insurance money than they deserved.
Consumers will take auto insurance liability when using semi-autonomous vehicles
One of the most interesting aspects of the autonomous vehicle rise is who will be liable to insurance companies. If the car is doing the driving, then it and the manufacturer would be at fault. Most carmakers have agreed that this should be the case. However, that legal loophole will only exists once driverless vehicles need no human input.
Few palliative care patients at risk under Ontario’s new opioid policy: study
Only a small number of palliative-care patients in Ontario will be affected by the province’s plan to stop paying for high-dose opioid medications under its public drug programs, a new study shows.
Comment: More needs to be done to treat chronic pain
For many of my patients, this is manifest as migraine headaches. Migraine is one of the most common diseases in the world, more prevalent than diabetes and asthma combined, and the direct and indirect cost of migraine in Canada has been estimated at more than $700 million annually. Particularly incapacitating is chronic migraine, which is a throbbing, debilitating headache that can last 15 or more days a month. Can you imagine living with a painful headache most of your life?
Concussions and The Minor Injury Guideline
The Minor Injury Guideline has become a thorn in many of our sides since its introduction on September 1, 2010. Since then, a person who suffers a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation as a result of a car accident falls under the Minor Injury Guideline (MIG) for accident benefits.
http://oatleyvigmond.com/