Archive for the ‘Personal Injury/Statutory Accident Benefits issues’ Category

Onset of Disability Beyond 104 Weeks Allows Entitlement to IRB

Wednesday, June 23rd, 2010 by Tania Astorino

The March 24, 2010 decision of Justice Grace in Wadhwani v. State Farm, 2010 ONSC 2479  allows accident victims that return to work shortly after an accident, but become disabled over time, to recover Income Replacement Benefits (IRBs).  Carmen Wadhwani was injured in a motor vehicle accident on September 26, 1997.  State Farm was her automobile insurer for the purposes of Statutory Accident Benefits.  Ms. Wadhwani was 33 years old at the time of the accident.  She had recently started her own business as an aesthetician. Read the rest of this entry »

Momentum Magazine Article

Monday, April 26th, 2010 by Sean Bawden

Following the seminar presented by members of Beament Green’s personal injury group Momentum Magazine prepared an article summarizing some of the information shared.

 The article is available at: http://www.momentumplanet.com/news/bike-accidents-and-law

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How Changes to Automobile Insurance Regulation in Ontario Affect You

Friday, March 12th, 2010 by Derek Nicholson

Effective September the 1st, 2010 significant reforms (Ontario Regulation 34/10) will be made that will affect accident victims and will require changes to the approach taken by counsel, health care providers and insurance brokers/agents.   Car owners need to know of the significant decisions they will have to make in selecting optional coverages for no fault accident benefits.  For example, now there is a basic Med Rehab no fault coverage of $100,000 ($1 million if victim is found catastrophic).  After September 1st, standard coverage will be reduced to $50,000 unless optional coverage is purchased of $100,000 or $1.1 million.  Likewise Attendant care no fault coverage will be reduced from $100,000 ($1 million if catastrophic) down to $36,000 unless optional coverage of $72,000 or $1,072,000 is purchased.   Likewise optional coverages for caregiver benefits, housekeeping benefits, and home maintenance benefits will have to be purchased for non catastrophic patients.

The public will have to be educated on the available optional benefits.  Liability issues may arise for insurance brokers or agents who do not clearly point out the need for these benefits and clearly spell out their availabilty.

Derek Nicholson and Donna Robinson will be hosting a series of traveling seminars in April available to health care providers, occupational therapists, physiotherapists and brokers to assist them in understanding the changes that they may need to know about to help their patients and clients.   Arrangements are also underway to host a seminar for legal counsel in the Ottawa Area.

Rights on a Bike

Wednesday, March 3rd, 2010 by Sean Bawden

On Tuesday, March 2, 2010 the personal injury lawyers at Beament Green put on an information seminar at Hintonburg neighbour, CycleLogik, about rights and entitlements for cyclists and pedestrians hit by cars. Read the rest of this entry »

Insurer ordered to pay aggravated damages after unreasonably refusing benefits

Wednesday, February 10th, 2010 by chris

McQueen v. Echelon General Insurance Co. [2009] O.J. No. 3965 (S.C.J.)  – In a claim for accident benefits an insurer over a period of three years made 29 denials of 16 different benefits.  The court found that the insurer had taken an adversarial position and had been unreasonable and in addition to allowing the benefits claimed for the court awarded the plaintiff the sum of $25,000 for mental distress.