• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

News and Views

Ontario’s Auto Accident Victims in Crisis – FAIR

http://www.newswire.ca/en/story/1519133/ontario-s-auto-accident-victims-in-crisis

Ontario’s Auto Accident Victims in Crisis

Victim’s Group Calls for Ontario Auditor General to investigate and report on the Auto Insurance Sector

TORONTO, April 16, 2015 /CNW/ – A recent StatsCan Civil Court Survey revealed that there are now 61,063 auto insurance related cases waiting for hearings in Ontario’s Superior Court.

According to the 2013 Minister of Finance DRS Report there were over 30,000 unresolved claim disputes at the Financial Services Commission of Ontario.

This is an unprecedented number of innocent and injured victims who have not had their claims properly handled by the insurer whom they paid to assist them in a time of need. Many of these seriously injured victims are without timely access to treatment and rehabilitation and they face a wait of up to 10 years or more to hold their insurer accountable.

Ontario drivers pay the highest prices in Canada for insurance, almost double what some other Provinces are paying for similar coverage. With so many unresolved claims in the system it is time to take a hard look at whether our government should be legislating Ontarians to buy this inferior product.

According to the Auditor General’s 2011 Report on auto insurance about half of all claims are turned down by Ontarioinsurers. What the AG report doesn’t talk about is how these claims are turned down. Victims are forced to attend multiple and excessive medical examinations by their insurer in course of a claim. Insurers spend more on assessing a victim than they do on treatment and rehabilitation according to the Insurance Bureau of Canada’s own statistics in the HCDB Standard Report.

Insurer medical examinations (IME) are virtually without oversight and are often performed by biased and even unqualified medical ‘experts’ who are beholden to the insurer who hires them. These bogus medical opinions are the tool used to deny claims and are at the core of the court backlog.

Victims are being downloaded at an alarming rate onto OHIP and our public system of Welfare, Ontario Disability and CPP Disability programs that are underfunded and unable to provide adequate care for victims.

Not only do victims face a personal crisis but they are faced with hiring a legal representative in a province where the cost for legal representation is the highest in Canada. Many victims hire more than one lawyer during the course of a claim and there is plenty of evidence that the quality of the services and the billing practices of that sector are also harming MVA victims.

We pay our premiums and we should be able to access the coverage we paid so handsomely for. What we have is legislators who are listening only to the Insurance Bureau of Canada’s incessant calls to slash benefits and our government is now on-board with blocking victim’s access to fair and balanced hearings in court through Bill 15.

When insurers don’t pay we all will. We are paying for private insurers who, according to the OTLA’s recent report, are making unprecedented and excessive profits on the backs of victims they refuse to pay.

We invite the public to join FAIR and we ask our elected MPPs to join in the call to the Auditor General to review and report on the auto insurance sector.

About FAIR Association of Victims for Accident Insurance Reform – FAIR is a grassroots not-for-profit organization of auto accident victims and their supporters who have struggled with the current auto insurance system in Ontario. http://www.fairassociation.ca/

SOURCE FAIR Association of Victims for Accident Insurance Reform

 For further information: Rhona DesRoches, FAIR, Board Chair, fairautoinsurance@gmail.com, Tel: 705 543-0574

FAIR letter to Canadian Forum on Civil Justice Project

According to recently released statistics from StatsCan there are currently 61,063 auto insurance related cases that are in Ontario’s civil court. According to the latest data there are an additional 34,075 cases in either mediation or waiting for an arbitration hearing at the Financial Services Commission of Ontario DRS system. That’s a total of 95,138 unresolved MVA claims that are in Ontario’s courts alone and these are all people with physical injuries, often cognitively impaired and facing serious challenges in overcoming traumatic injury. An indication of the dysfunctional legal climate in Ontario is that the volume of auto insurance cases before the courts in Ontario is up 42% since 2009/2010 according to the StatsCan website, an increase in cases that is far greater than the other provinces who were part of the survey.

FAIR letter to Canadian Forum on Civil Justice Project

http://www.cfcj-fcjc.org/

Legal pains: The cost of justice includes physical health   http://www.canadianlawyermag.com/legalfeeds/

Local voice against wrongful benefit denials not staying silent 3 part series

PALMERSTON – Even a rural, small-town voice can make a difference.
That voice belongs to Palmerston resident and insurance activist Jokelee Vanderkop, who even after self-publishing her own book and speaking out on national radio, still hasn’t given up her quest to help legitimate claimants receive the insurance benefits to which they’re entitled.

http://www.southwesternontario.ca/news/local-voice-against-wrongful-benefit-denials-not-staying-silent/

http://www.southwesternontario.ca/news/local-voice-against-wrongful-benefit-denials-still-speaking-out/

http://www.southwesternontario.ca/news/local-voice-against-wrongful-benefit-denials-not-staying-silent-3/

Legal pains: The cost of justice includes physical health

An awful lot of Canadians are literally sick of their legal problems and that’s having an impact on health care costs, according to new findings of a study by the Canadian Forum on Civil Justice.

Almost 40 percent of people between the ages of 18 and 35 reported experiencing a physical health problem as a direct result of their legal problems. The number is even greater for people between 55 and 64 at 61.5 per cent.

http://www.canadianlawyermag.com/legalfeeds/2587/legal-pains-the-cost-of-justice-includes-physical-health.html#addcomments

http://www.cfcj-fcjc.org/sites/default/files//CostofJustice_overivewfactsheet%20.pdf

Lack of Accessible information for Ontario MVA victims

It is an unacceptable low level of information available, on the FSCO website or supplied to claimants by the insurer they paid to assist them, that is contributing to the volume of claims in the system and which eventually plays out in our courts.

As the Superintendent at FSCO it must surely fall under your mandate to ensure that the public service of Ontario is effective in serving the public in a non-partisan, professional, ethical and competent manner

Letter to Brian Mills, FSCO Superindendent Mar 4 2015 re lack of public information

Ontario residents flood provincial website with budget ideas

Why not tell our Minister of Finance how you feel about the fact that when Ontario`s insurers don`t pay the tax-payer picks up the costs of the care of injured auto accident victims.

Saddled with a $12.5-billion deficit, Sousa is eager to hear ways to increase revenues and reduce spending so he launched the “Budget Talks” site last week.

http://www.thestar.com/news/queenspark/2015/02/18/ontario-residents-flood-provincial-website-with-budget-ideas.html

Constitutional Challenge Launched Against Flawed Ontario Liberal Government Automobile Insurance Legislation- Discriminatory and Unconstitutional

TORONTO, Jan. 23, 2015 /CNW/ – Joseph Campisi, lawyer and advocate, is launching a constitutional challenge in the Ontario Superior Courts.  Mr. Campisi is seeking a declaration from the courts that parts of the legislation that were recently passed by the Liberal Government are discriminatory and unconstitutional and should be inoperative.

http://www.newswire.ca/en/story/1476747/constitutional-challenge-launched-against-flawed-ontario-liberal-government-automobile-insurance-legislation-discriminatory-and-unconstitutional

NOTICE-OF-CONSTITUTIONAL-QUESTION (1)

To the Minister of Finance re Prebudget consultations

Minister,

I am a motor vehicle accident survivor and I suffered with a severe brain injury.  The funding and resources available to me in the Statutory Accident Benefit Schedule (SABS) of 2008 assisted me in my recovery.  I worked for the government in the Ministry of Social Services and Ministry of Community Safety and Correctional Services, prior to the accident.  I am well aware of the social services programs.

I am appalled that the insurance industries are being allowed to download THEIR responsibilities of injured MVA victims to our already overloaded social services to save their profits.

The resources necessary to recover from a MVA, are readily available to the survivors through the rehabilitation services resources through the insurers.  The same resources and funding is NOT available through our social services.

With the legislation constantly being changed and benefits slashed by your government, you are assisting the insurers to bully, delay and deny the vulnerable persons who entered a contract to assist them when necessary.  Your government made insurance mandatory to operate a vehicle, but your government is deleting the mandatory responsibilities of the insurers and allowing them to breech the contracts we, the people, are made to sign.

The endless and expensive IME (independent medical examination) being used by the insurers to delay and deny victims is traumatizing some of the most vulnerable population.

The monies being taken out of the medical and rehabilitative benefits, is not being used to assist a victim to return to state of well being. It’s being used to abuse the victims and ultimately line the pockets of others to make money on the backs of a vulnerable population.

I truly believe OUR tax dollars and our government’s supports should be used to assist all Ontarians and NOT support wealthy insurance companies to escape their responsibilities to auto accident survivors!

Tammy Kirkwood

So You Think You’re Covered?

Catch the Ontario Today show on podcast with Jokelee Vanderkop and FAIR’s Board Chair Rhona DesRoches on the delay and deny tactics of Ontario’s insurers

http://www.cbc.ca/ontariotoday/

Make a comment about how you feel about auto insurance in Ontario   http://www.cbc.ca/ontariotoday/2015/01/21/so-you-think-youre-covered/

To order “So You Think You’re Covered! The Insurance Industry Rip-off” see: http://www.deniedbenefitclaims.com/index.html

CPSO Transparency Project – Phase 2 – opportunity to have your voice heard

Lots of comments on the CPSO Transparency Project Phase 2. What do you think about increased transparency when it comes to third party medical opinion vendors who write the medical-legal reports that are the basis for gaining access to benefits for auto accident victims?

You can have your say about transparency and public access to information about physicians and the secret cautions about the complaints about Ontario’s IME vendors here:  http://policyconsult.cpso.on.ca/?page_id=4981