Court Ruling Redefines Car Accident Victim Benefits

A recent court ruling has redefined and clarified the rules when it comes to limitations on a car accident victim’s benefits.

The Ontario provincial government put rulings into effect in 2010 that reduced the amount of medical benefits you were entitled to with respect to injuries sustained during a motor vehicle accident. The upper limit on such benefits was reduced from $100K to $50K and for minor injuries like sprains and whiplash, that $100,000 limit was cut way back to $3,500. These types of ‘minor’ soft tissue injuries are what so many car accident victims deal with.

Those limits were supposedly set in stone, with the reforms designed to lead to lower insurance rates as payouts decreased – a development we’re all still waiting for, as it turns out.

Recently, an accident victim took their insurance company to court to challenge those new lower limits and won in the Financial Services Commission of Ontario (FSCO). The judge ruled that the insurance company was wrong to limit the benefits, which it had done based on a single report which indicated sprains and whiplash. In this case, the victim was able to prove that the assessment of ‘minor’ injuries was superficial and questionable at best.

Know Your Rights

Insurance companies are known to use any reason to limit your benefits. This kind of ruling proves that the courts are often the only venue a motor vehicle accident victim has when it comes to getting what they are entitled to.

  • You need someone who will advocate for your interests and make sure that you get the full extent of what you’re entitled.
  • Even if you’ve initially been denied, we can still help. Many claimants are turned down initially only to have the insurance company pay out as stated in the policy on appeal or as directed by a judge.

You need sound and proven legal representation.

Get the Legal Representation You Need

Know your rights. Contact Petrillo Law today by calling (905) 949-9433 for a free consultation with an experienced disability insurance lawyer. We look forward to hearing from you.

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