Making a Claim in a Hit and Run or Where there is No Insurance | Ottawa Lawyer

If you or a family member has been injured in a motor vehicle accident by another driver who does not have insurance,  or has inadequate coverage, don’t assume that you can’t bring a claim.

In many cases, your own insurance or the insurance on the car you are riding in can provide benefits. This type of insurance is called uninsured and underinsured motorist insurance.  It may be available to protect passengers in your vehicle or when you or a family member is injured as a bicyclist or pedestrian.

Even if you don’t have insurance yourself, you may be entitled to compensation from the person that hit you or from another insurer.  There is even an insurer of last resort that is administered by the province.

Accessing uninsured and underinsured motorist insurance coverage is not straightforward.  There are many issues that may impact your ability to obtain compensation.

In a hit and run situation or a situation where there is no insurance or inadequate insurance, an experienced personal injury lawyer is a must.  Contact the lawyers at Auger Hollingsworth at 613 233-4529 for more information or to schedule a consultation.

Struck by A Drunk Driver in Ontario? Ottawa Lawyer

Ottawa Lawyer- If you are injured in a car accident or other motor vehicle accident in Ontario caused by an impaired driver, you should consider contacting a personal injury lawyer as soon as possible.  In that circumstance, you may have recourse not only to sue the impaired driver who caused the accident, but also a bar or tavern that over-served the alcohol to the impaired driver.

An experienced personal injury lawyer can help you determine whether or not you have a claim against a bar or tavern, in addition to a claim against the driver who caused the accident.

WARNING:  If the at fault driver in your case is a G2 licensed driver and has alcohol in his or her system, that driver may have violated the terms of their insurance policy.  Where that is the case, there may be a limit to the amount of insurance available to assist you.   In that case, a personal injury lawyer can help you access other insurance policies that may be available to you under Ontario insurance law.   We think this law is unfair to accident victims.  Maybe you do too.  Please consider contacting your MPP to let him or her know your views.

For more information on bringing a claim for compensation against a drunk driver who caused an accident, contact Auger Hollingsworth at 613 233-4529.

 

How can I get my mileage to rehab paid after an Ontario car accident?

OTTAWA LAWYER- While there can be a number of financial costs to receiving medical treatment for your injuries after a car accident, some of these expenses can be reimbursed.  In addition to medical coverage provided by OHIP and any personal insurance plans you may have, you should be able to be reimbursed for some other expenses, like the cost of your mileage to rehabilitation appointments.

 The law in Ontario states that the company that provides your car insurance is responsible for $0.38 per kilometre for trips
for treatment that are over 50 kilometres.  This 50 kilometre rule applies if you are not catastrophically injured.  If you are considered to be catastrophically injured, the car insurance company is required to pay for all of your mileage costs.  This includes trips to your family doctor for appointments related to the injuries incurred in the accident, appointments with specialists, physiotherapists, chiropractors, etc.  If you are not sure whether or not certain medical appointments qualify for this kind of reimbursement, speak with your Ontario personal injury lawyer and they can provide you with additional guidance.

 In order to be reimbursed for these mileage expenses, you have to submit records of your mileage to your car insurance company.  A specific form (OCF 6) needs to be completed in full.  Make sure you keep a copy of the completed form for your own records.  This completed form must be submitted to your insurer within 30 days in order for you to receive reimbursement.  You might also want to consider including an online map print out of the routes you drove in order to provide more information about your trips.

 Dealing with all of the medical and legal aspects of your personal injury case can be overwhelming, so it is important to  know that there are a few things in place to help you, such as reimbursement for mileage to medical appointments.  If  you want to know more about how what you may be entitled to in your case, contact the Ontario injury lawyers at Auger Hollingsworth at 613 233-4529.

Do I need to see a Medical Specialist After my Ontario Accident?

If you have been injured in an Ontario accident, you have likely seen your family doctor for a medical assessment.  While it is a good idea to visit your general practitioner about your injuries, it is also wise to seek additional medical attention and advice from specialists. If a doctor who specializes in your particular injuries has seen you and diagnosed your injuries, your case will be stronger and more credible.  Generally speaking, your case will likely settle for a higher amount if you have seen an appropriate specialist.

Many injury victims see physiotherapists for rehabilitation for their injuries.  Physiotherapy can be an excellent resource for injured persons and can be of great benefit.  However, records from your physiotherapist are usually not enough to prove that you have a specific injury and the details regarding your injury.  This is because physiotherapists are not able to officially diagnosis an injury.  They are able to treat symptoms and help you recover from your injuries, but their records do not carry the same weight as a medical specialist.

Insurance companies and jurors tend to place more importance on statements and records from medical specialists, rather than those who have helped you in your recovery, such as a physiotherapist.

After seeing your family doctor for your initial medical assessment after your injury, your doctor may refer you to a specialist.  If they do not automatically do so, consider asking them if you could get a referral to an appropriate specialist.  A good general practitioner should be happy to help you find the medical treatment you need, whether that is to receive a second opinion, or because your injuries are so severe that a more specialized doctor is needed.

Regardless of your injuries, seeing a medical specialist, such as a neurologist, surgeon, podiatrist or ophthalmologist, can greatly benefit your case.  Remember that you should receive all of the medical treatment necessary to recover from your injuries and you
want to do all you can to present a strong legal case.

Considering a Litigation Loan? New Case raises Flags

Pursuing an Ontario personal injury lawsuit can be a daunting task for many individuals.  Most people have not previously dealt with the law, lawyers or courtrooms and it is easy to feel overwhelmed.  One of the primary concerns people have about pursuing an Ontario lawsuit is the financial expenses they will incur.  People often wonder how they will be able to pay for their legal expenses and this can sometimes cause undue stress and anxiety.

Legal expenses include legal fees involved in hiring a lawyer, but they can also include other ways of preparing for trial, such as getting expert witnesses.  Some lawyers help finance your legal expenses by requesting that you obtain a litigation loan.  This is also known as third-party financing, where a financial services company gives you a loan or otherwise helps you financially.  Many recent court rulings have supported the role of third-party financing in order to adequately prepare for trial. In those cases, the court has ordered the insurer to pay the plaintiff’s interest on the loan as a disbursement.

A recent ruling, however, has  potentially damaged a client’s chances of being compensated for interest on a loan.  The judge in the case of Guiliani v. Region of Halton, ruled that the defendant (the insurance company) did not have to pay the interest on the litigation loan.  The rationale was that to require the insurance company to pay such a large sum could encourage lenders to charge high rates of interest in an attempt to “extract unconscionable amounts of interest from vulnerable individuals.”

If you are contemplating hiring a lawyer for your accident-related lawsuit, make sure you discuss fully that lawyer’s position on litigation loans and their pros and cons.

For information about Auger Hollingsworth, please call us at 613 233-4529.  We’re here to help.

Why Many Ontario Personal Injury Cases Settle for Too Little

Are You Getting What You Deserve for Your Ottawa Accident Case?

Individuals who have suffered serious personal injury due to an Ontario accident should receive fair compensation for their pain and suffering.  Unfortunately, many personal injury cases settle for much less than they should.  While the law and legal proceedings can be complicated, lengthy and sometimes overwhelming for injured individuals, there is no good reason why
they should not receive the compensation they deserve.  That being said, there are a few reasons why personal injury cases often settle for less.

Lack of Preparation for Examination for Discovery

One of the reasons is that in some cases, clients are not prepared for examination and discovery.  This means that the lawyer has not adequately prepared their client for what will happen and what may be required of them when evidence is presented and when the individual might have to share their side of the story.  Everyone facing a personal injury case should be informed and well-prepared for the process that lay ahead.  Not being adequately prepared can negatively impact the case and result in a lower settlement.

No Review of Your Past Medical History

Often, clients are familiar with their entire past medical history.  It can be easy for someone to forget certain past injuries, illnesses, or medications they were on, and not knowing all of this information can damage a personal injury case.  It is important to get all of your past medical records so that you are up-to-date with what all of your medical records say.  It is important to
be familiar with all of your medical history because past injuries or illnesses or other medical conditions can have an impact on your case and on the compensation you may be entitled to.

Appropriate Expert Reports

Another reason why personal injury cases often settle for less is that some lawyers do not obtain appropriate reports from experts.
If you are facing an injury case you should be confident that your lawyer will do everything required to achieve a successful outcome for your case.  If lawyers fail to prepare or submit all of the necessary reports or even additional reports that would
benefit your case, the outcome is likely not going to be as good as it could have been.

 Settling Too Quickly

And lastly, sometimes cases are settled too quickly when the extent of the individual’s injuries or their future job
prospects are not yet fully known.  It can be tempting to settle a case quickly since you may feel like you just want
to get it over with or you want to save time and money.  While these are important factors to consider, by settling too early, you risk losing the compensation you may otherwise receive.  It is unwise to settle a case before the injuries and job prospects have been adequately assessed.

There is No Substitute for Good Representation

Facing a personal injury case can be daunting but if you work with the right lawyer, you should receive the full amount of compensation you are entitled to.  Be sure to work with a lawyer in whom you have the utmost confidence and who you can trust to adequately represent you.

Catastrophic Injury in Ontario- Changes Ahead?

If you have suffered a serious Ontario personal injury, you may be interested to know about some of the recent changes
surrounding some of the legal concepts, insurance issues and definitions involved in your Ontario Accident Benefit Claim.  One recent issue is the changing of the definition of catastrophic impairment.  While there is still no final change put in place, there has recently been a lot of debate about what constitutes catastrophic impairment and the implications of changing the definition.

 A panel was assigned the task of analyzing and reassessing the definition of catastrophic impairment, including the
criteria an individual needs to fulfill in order to receive that designation.  The panel made some recommendations, but so far, nothing has been implemented.  In fact, many see the report as controversial and potentially problematic due to the fact that the panel did not have much time or resources to conduct their research and make decisions.  Some lawyers argue that there is no need to re-define catastrophic impairment and that in doing so, only the insurance companies will benefit, not the injured persons.

It is important to note that being designated as having a catastrophic impairment does not guarantee that you will receive compensation.  It merely means that you are qualified to receive the highest level of compensation.  While this designation sometimes means that the injured person receives a high compensation due to the severe nature of their injuries, it does not guarantee it.

Some of the proposed changes include new tests to assess an injured person’s condition and it also required that the person received in-patient rehabilitation.  The latter recommendation poses some problems because there is a general
lack of hospital beds which means that many individuals who may require in-patient rehabilitation may not receive it due to lack of beds and will therefore not qualify for the designation of catastrophic impairment.

Since the panel’s recommendations have not been implemented, it is yet to be seen if and how the definition of catastrophic impairment will change.  Lawyers will certainly continue to fight for the outcome that best serves their clients.  If you are facing
a personal injury and you are looking for experienced legal advice, contact the Ontario injury lawyers at Auger Hollingsworth.