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  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

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Insurance work puts doctors in an ethical bind

In June, a B.C. Supreme Court judge rejected the testimony of psychiatrist Alexander Levin in a motor-vehicle insurance case. The plaintiff’s car had been rear-ended in Port Coquitlam nearly five years earlier, and she reported debilitating headaches. Dr. Levin was an expert witness for the defence. He argued that the woman did not have a concussion.

https://www.theglobeandmail.com/news/british-columbia/insurance-work-puts-doctors-in-an-ethical-bind/article37757893/?utm_medium=Referrer:+Social+Network+/+Media&utm_campaign=Shared+Web+Article+Links

Not Your Fault? Navigating Ontario’s Fault Determination Regime

Ontario’s Fault Determination Rules (“the Rules”) outline over 40 common collision scenarios each depicted with simplistic diagrams. Each collision scenario has a corresponding liability percentage assigned to each driver.  These Rules are largely used by your insurance company to determine who is at-fault for an accident.

http://otlablog.com/not-fault-navigating-ontarios-fault-determination-regime/

Family of woman hit, killed breaks silence about not guilty verdict

Nick Siskopoulos sits on a memorial bench in his longtime partner’s name at Cherry Beach looking out at the water.

“You made everyone feel welcome. Your spirit will not be forgotten. You left us too soon” reads the engraving to Kristy Hodgson and beloved dog Betty.

https://globalnews.ca/news/3990371/family-of-woman-hit-killed-breaks-silence-about-not-guilty-verdict/

Treatment plans not shown to treat the pre-existing injuries – TTK v Aviva LAT 17-002688

MIG: do pre-existing injuries remove applicant from MIG? Applicant shows pre-existing injuries remove her from MIG; applicant fails to show that treatment plans are designed to treat the injuries to pre-existing conditions.

https://www.deutschmannlaw.com/blog/post/treatment-plans-not-shown-to-treat-the-pre-existing-injuries-ttk-v-aviva-lat-17-002688

‘This is not sustainable’: ICBC loses $935M in first 9 months of fiscal year

The Insurance Corporation of B.C. (ICBC) said it has lost nearly $1 billion in the first nine months of the current fiscal year.

Between Apr. 1 and Dec. 31 2017, ICBC posted a net loss of $935 million, according to a statement.

https://globalnews.ca/news/3991969/this-is-not-sustainable-icbc-loses-935m-in-first-9-months-of-fiscal-year/

It takes a village: Assessing the impact of severe brain injury

It takes a village to raise a successful case for appropriate damages for a severe concussion, also known as traumatic brain injury (TBI), says Toronto personal injury lawyer Alison Burrison.

http://www.advocatedaily.com/alison-burrison-it-takes-a-village-assessing-the-impact-of-severe-brain-injury.html

Fibromyalgia Symptoms

Fibromyalgia can be debilitating and have a substantial impact on an injured person’s life and is an incurable medical condition that causes sufferers to experience widespread musculoskeletal pain. Fibromyalgia symptoms commonly begin after someone experiences a trauma, such as the physical trauma caused by an auto collision. Symptoms of fibromyalgia can be debilitating and have a substantial impact on an injured person’s life.

http://pickinguppieces.net/fibromyalgia/

What Damages Can You Receive After a Car Accident?

After being injured in a car accident, you may think that you can just leave your settlement up to your insurance and they’ll compensate you fairly. Unfortunately, this is rarely the case. Take a look at this slideshow we’ve put together detailing the types of damages you can receive from a personal injury claim, and why it’s often better to have a lawyer on your side in order to maximize the compensation you can receive.

https://www.findlaylaw.ca/blog/damages-can-receive-car-accident

Persampieri v. Hobbs: Car Insurance Law in Ontario encourages insurers to play hardball and do this sort of thing…

A costs endorsement in the case of Persampieri v. Hobbs was just released by the Honourable Justice Sanderson after a three week jury trial of a car accident case.

This costs endorsement reflects everything that’s wrong with car accident law in Ontario.

https://www.torontoinjurylawyerblog.com/2018/01/persampieri-v-hobbs-car-insurance-law-ontario-encourages-insurers-play-hardball-sort-thing.html

New Developments in Adverse Cost Insurance

Many insurers and defence counsel are now aware of the growing use of adverse cost insurance, also known as “after-the-event” insurance (“ATE insurance”), in personal injury litigation. This insurance is typically a policy purchased by a plaintiff in a lawsuit to provide protection in the event of a judgment for costs against the plaintiff if they are unsuccessful at trial. The previous year saw a number of new decisions that discussed both the potential recoverability of the insurance premium as a disbursement and whether the policy itself is producible in the course of litigation.

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/new-developments-adverse-cost-insurance/