Car Accident Victims Should Not Have to Wait for Benefits, Ontario Judge Finds

When Ontario adopted a no-fault auto insurance system, the plan was supposed to make it easier for people who had been injured in accidents to get help to pay for medical care. The Alliance of Community Medical & Rehabilitation Providers released the results of a survey which found that 42 percent of claims for medical care following a car accident are being rejected.

Mediation to Settle a Claim for Medical Benefits

When a claim for medical care is denied, the injured person must ask a mediator for help. Under existing rules, a mediator must try to settle the claim within 60 days after the request for help is made. FSCO (Financial Services Commission of Ontario) has been deciding that the 60 day limit starts when it (the agency) chooses to start counting rather than on the date it receives the request. In some cases, the wait can be over a year.

Superior Court Justice James W. Sloan agreed that wait times have been longer than necessary and that injured people should not have to wait “100, 300 or 500 days” to get a mediator to help them. He described this situation as “preposterous.”

Victims of car accident injuries need to be able to get immediate medical treatment following an accident.  Delays, such as a lengthy wait to see a mediator, may mean that the recovery process will take longer than necessary.

Get the Legal Representation You Need

Know your rights. Contact the personal injury lawyers at Petrillo Law today by calling (905) 949-9433.  We look forward to hearing from you.

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