An accident victim’s group has taken issue with parts of the Automobile Dispute Resolution System (DRS) Review recently released by the Ontario Ministry of Finance.
The Review was set up in part to look for answers and solutions to chronic system backlogs including those in the area of dispute prevention. The document does include mention of the very common practice of insurer’s medical examinations and recognizes the possibility of flawed evidence. The recommendations include a ‘culture shift’ in how their evidence is viewed, in that a hired medical examiner’s responsibility currently lies towards the insurer who is paying them rather than with the DRS itself.
One group however doesn’t feel the Review went far enough in recognizing the harm a flawed medical report can do to an injured person. The FAIR Association of Victims for Accident Insurance Reform issued a media release that notes the Review “ignores that flawed medical opinions would affect a case all the way through the system and in fact, beyond hearings for those who find themselves having to apply for (Ontario Disability Support Program) and (Canada Pension Plan) when they are turned down by their insurer.” The organization is one of the stakeholders who made submissions to the report.
Dealing With Insurers
You buy automobile insurance because you want to be able to count on the benefits when you get in a serious motor vehicle accident and you need them. What you probably don’t expect is that you can find yourself arguing your case for accident benefits long after the accident itself. After a period of typically two years, the definition of ‘disability’ changes and you too may be subject to a medical review by a physician paid by the insurance company to limit their losses.
In their release, FAIR notes that those with cognitive impairments – typically the result of head injuries – are often the most vulnerable since their disability can be subject to interpretation. You need someone in your corner.
We Focus On Car & Motor Vehicle Accidents
Petrillo Law has been providing competent, caring legal advice to car accident victims in Mississauga, the Greater Toronto Area (GTA) and across Ontario for over 20 years. We can evaluate a case to determine whether it meets the provincial threshold required to start a lawsuit as well as represent injured people who have been denied accident benefits by their own insurance company.