• 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 Psychological Association submission to FSCO 3 Year Review March 2014

Continuing barriers to timely investment in the rehabilitation of accident victims with impairments and functional limitations due to mental and behavioural disorders are seen in:
1. Failure to follow evidence based Guidelines by professionals and insurers;
2. Insurers’ failure to communicate with their insureds and their health professionals;
3. Insurers’ failure to take responsibility for adjudicating files including: delays in treatment plan reviews; failure to refer proposed treatment plans to appropriate IEs when such is clearly indicated; and failure to determine if the IE has correctly applied the SABS test;
4. Inappropriate denial of assessment and treatment of crash victims with mental disorders, including denial based on the severity of the physical injury and assertion that the Minor Injury cap applies;
5. Crash victims with serious mental disorders were denied the right in 2010 to have their psychologists confirm catastrophic mental disorders and this professional responsibility was removed from psychologists. The group with the greatest expertise in diagnosis of mental disorders and measurement of function cannot utilize their expertise for those who require an analysis of catastrophic impairment. No scientific or policy rationale was ever advanced for limiting this role to physicians. OPA Submission for 3 year review Mar 31 2014 final

Ontario Rehab Alliance Submission to the FSCO 3 Year Review

When it comes to buying auto insurance consumers don’t know what they are buying and they are not getting what they think they paid for. Tragically, most don’t find this out until they are injured. Most drivers assume that their medical and rehabilitation needs will be covered by the basic package most of us have, and the shortfall will be easily picked up by our publicly funded healthcare system. But they’re wrong. The publicly funded system is severely underfunded and the current cap of up to $50,000 in med/rehab coverage for serious, non-catastrophic injuries which is, practically speaking, often ‘converted’ to the much lower spending cap of the Minor Injury Guideline, with a maximum of $3,500, is insufficient. This amount must cover not only physical injuries but also treatment for debilitating mental health conditions that can result from an accident. And, in many cases of minor injuries, claimants’ treatment dollars often never exceed the initial $2,200, when provider applications demonstrating the need for the additional $1,300 are often denied. Our survey respondents reported that 26% of MIG clients who clearly required more care were unable to access more than $2,200 of MIG treatment dollars.

SUBMISSION TO FSCO’s THREE YEAR REVIEW- Ontario Rehab Alliance

Ontario Trial Lawyers Association submission to Auto Insurance 3 Year Review

Insurers spent $171 million on “insurer initiated assessments” for victims who were injured in accidents between January 1, 2011 and June 30, 2013. During that same time period, insurers spent $359 million on treatment for that same group. For every dollar that insurers spent treating someone to help them get better, they spent almost 50 cents assessing them. Those assessments, which often lead to denials of treatment, have a huge negative impact on a victim’s emotional well-being and help to create the adversarial first-party benefits system that often forces victims to litigate with their insurers for years in order to obtain necessary treatment. Thus, for every dollar spent helping a victim to get better, 50 cents is spent making them worse!

OTLA Three-Year Review Submissions – March 31 2014 FINAL

Reforms to Ontario’s Dispute Resolution System Are Long Overdue

Full disclosure here. I worked with Justice Douglas Cunningham on his review of Ontario’s Dispute Resolution System (DRS) and fully support his recommendations. In the process of coming up with his recommendations, Justice Cunningham listened to a lot of users of the system, ADR experts and other interest parties. He spent considerable time analyzing what he heard before making his conclusions and recommendations. Obviously, not everyone is going to agree with all the recommendations.

FSCO 3 yr Review on auto insurance submissions due March 31st

Time is running out to let our government know about how consumers and accident victims feel about the quality of Ontario’s automobile insurance coverage. Let your voice be heard before the government caves in again to the demands of Ontario’s wealthy insurance providers and forgets – it matters what happens when you have to use the policy only to find out the coverage isn’t there or you’ve been denied on the basis of a bogus medical report or you are without treatment you need or without the basics to survive or your claim has been stalled or you are sick of being under surveillance or any of the other issues that you feel the government has failed to address. Like Bill 171 and restricting access to justice for accident victims. But be heard, don’t let the industry and the IBC drown out your concerns and tell them that you “understand the significance of what has happened with auto insurance in Ontario in the last six months” alright – accident victims’ coverage and access to benefits have been under attack.  http://www.bramptonguardian.com/opinion-story/4431169-letter-insurance-rates-falling/ 

For more information on the current review: http://www.fsco.gov.on.ca/en/auto/Pages/ontario-auto-insurance-3-yr-review.aspx

The last Five Year Review was July 14, 2008. A total of 90 submissions were received.   http://www.fsco.gov.on.ca/en/auto/5yr-review/Pages/default.aspx

The resulting report led to the 2010 slashes to coverage with MIG. See the Five Year Review of Automobile Insurance March 31 2009  http://www.fsco.gov.on.ca/en/auto/5yr-review/Documents/FiveYearReviewReport.pdf

FAIR Open Letter to Wynne, Sousa, Matthews March 20 2014

Accident victims see Bill 171, not as a fraud fighting measure but as a template for reducing benefits paid to injured drivers by way of legislation geared toward enhancing insurer profits.

Please stop trading accident victims’ rights to fair hearings, and the benefits they need for recovery, for insurer dollars.

Please stop capitulating to Ontario’s insurers and discriminating against those whose insurers have failed to stand behind their contracts by taking away their right to have their case heard. Stop letting assessors harm accident victims and start making regulation and enforcement work.

Please stop taking action that has made Ontario’s accident victims third class citizens and in the bargain allowed Ontario’s insurers to walk away from their responsibilities by downloading these costs to the taxpayer.

FAIR Open Letter to Wynne, Sousa, Matthews March 20 2014

MEDIA RELEASE – DOES BILL 171 MAKE IMPROVEMENTS TO AUTO INSURANCE COVERAGE?

If we could remove all of the legitimately injured accident victims in the system whose claims have been wrongfully denied on the basis of a poor quality medical report – the preposterous wait times and high costs would be greatly reduced. The DRS Review’s failure to address the core issue of bogus medical evidence will only speed up the flow of wrongful denials of legitimate injury claims thus increasing the backlog.

FAIR Media release March 7 2014 Bill 171

Bill 171, Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014

For more information on these changes see: http://www.fairassociation.ca/who-we-are-activities-and-actions/

570 News – Fraud Month

Great comments!

570 News March 5 2014 

Steven Del Duca, Parliamentary Assistant to the Minister of Finance, Re: Ontario’s governing Liberals have introduced legislation that they say will help reduce auto insurance rates, even though they’re not mandating a cut to premiums. Finance Minister Charles Sousa says rates have dropped 5% on average across Ontario and will fall further to the 15% target if the bill passes. He says the legislation will combat fraud, make it easier to settle disputes and curb costs. Critics point out Ontario made regulatory changes in 2010 that greatly reduced costs for the insurance industry, but those savings have not been passed along to drivers.
_______________________________________________________________________

570 News Tuesday Mar. 4, 2014

Rick Dubin, Vice President of Investigations at Insurance Bureau of Canada, Re: March is Fraud Prevention Month and the IBC is taking aim at a number of issues that hurt insurers and Canadians. Staged collisions.  Unscrupulous auto repair shops.  False medical claims. Fake auto theft.  Padding an otherwise legitimate claims. These are just some of the insurance scams that criminals commit.

FAIR response to the Dispute Resolution System Review – media release

The recently released Dispute Resolution System Review final report does not address the abuse of Ontario’s accident victims and our courts by assessors who intentionally minimize or deflate an injury so Ontario’s insurers can deny claims. Despite the DRS review being the forum most suited to impose criteria regarding medico-legal expert witnesses, and the place to set standards, the issue will remain a core problem affecting every accident victim.

Tighter scheduling and timelines, both welcome changes, will not make the system fairer if the quality of the evidence at hearings remains so low. Media release FAIR response to the Dispute Resolution System Review Feb 21 2014

A CAREGIVER WORKSHOP:

Getting Better and Better after Brain Injury A Practical Guide for Families and Caregivers

This conference is geared for CAREGIVERS of ABI Survivors, not to professionals working with ABI survivors. Families can choose to attend with their loved one, but the content of the day is geared towards caregivers.

For online registration visit website  at  www.abicollaborative.ca or http://events.constantcontact.com/register/event?llr=qkrld6lab&oeidk=a07e8u2rb878e18ee9d