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WTF - Ontario Court Rulings (pg. 2)
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| Moral Hazard |
| quote: | Originally posted by UmmiE
He fractured his skull, his femur, his ribs and one of his vertebrae.
Brain leakage maybe
:conf: |
You'd be amazed how many claims I've handled with the same injuries and not a single one of the claimants has become a crack addict. |
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| Abercrombie |
| crackaddict, tranceaddict, what's the diff? |
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| UmmiE |
| quote: | Originally posted by Moral Hazard
You'd be amazed how many claims I've handled with the same injuries and not a single one of the claimants has become a crack addict. |
I know people just try there luck everywhere and anywhere............Just like you cant find a book at the library on the topic of govt grants..... |
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| Invasionmix |
Any of you guys have experience or is familiar with how long you have to make a claim after an accident?
Basically, about 13 months ago I was a passenger in an accident, we got t-boned on the 401 (on my side) I had to miss about a month of work (which my friend didn't claim in the insurance) and my knees were sore, but recently it's been pretty bad... How would I go about this? |
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| exstasie |
| quote: | Originally posted by Invasionmix
Any of you guys have experience or is familiar with how long you have to make a claim after an accident?
Basically, about 13 months ago I was a passenger in an accident, we got t-boned on the 401 (on my side) I had to miss about a month of work (which my friend didn't claim in the insurance) and my knees were sore, but recently it's been pretty bad... How would I go about this? |
I believe its 2 years...but Moral Hazard would know |
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| Moral Hazard |
| quote: | Originally posted by Invasionmix
Any of you guys have experience or is familiar with how long you have to make a claim after an accident?
Basically, about 13 months ago I was a passenger in an accident, we got t-boned on the 401 (on my side) I had to miss about a month of work (which my friend didn't claim in the insurance) and my knees were sore, but recently it's been pretty bad... How would I go about this? |
Wow, you should have spoken to me about 13 months ago.
You have 10 years from the date of the loss to file an accident benefits claim for your injuries. You would file this claim with your own insurance company if you have automobile insurance. If you do not have automobile insurance but live with (and are dependant on) someone who does have auto insurance then you claim with their insurer. If neither of the above apply then you claim through the insurance of the vehicle that you were in at the time of the collision. Unfortunately, I don't handle AB claims so I am uncertain as to whether or not you'd be able to claim wage loss that has already occured, Chemy does AB claims - he can help you here. Certainly, you'd still be able to claim for treatment that you require.
The "t-boned" description would lead me to believe the other party was at fault for the collision (although I have no where near enough info to say that with any certainty). If this is the case you would also be able to claim under tort (law suit) against the at fault party for any lost income you cannot recover through the AB claim up to 80% of your net weekly income. Additionally, if your knee injuries are permenant and serious (just about anything qualifies as perm and serious these days) you have a right to recover non-pecuniary damages (pain and suffering). The limitation period to make a tort claim is "two years from the date that the plaintiff discovers the cause of action".... in the case of a car accident with immediate injuries this would be two years from the date of the accident. |
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| MarkT |
another fine case of people not being held accountable for their own choices and actions.
brutal. |
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| ChemEnhanced |
| quote: | Originally posted by Tordan
it says he was a "recreational user of cocaine" before the accident. maybe the courts grade cocaine and crack cocaine on different levels... which in fact, they are. |
The deciding factor was that the insurance company could not show that the use of cocaine did not prevent him from doing his day to day activities before the accident therefore, he was not considered an addict. |
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| ChemEnhanced |
| quote: | Originally posted by Moral Hazard
Wow, you should have spoken to me about 13 months ago.
You have 10 years from the date of the loss to file an accident benefits claim for your injuries. You would file this claim with your own insurance company if you have automobile insurance. If you do not have automobile insurance but live with (and are dependant on) someone who does have auto insurance then you claim with their insurer. If neither of the above apply then you claim through the insurance of the vehicle that you were in at the time of the collision. Unfortunately, I don't handle AB claims so I am uncertain as to whether or not you'd be able to claim wage loss that has already occured, Chemy does AB claims - he can help you here. Certainly, you'd still be able to claim for treatment that you require.
The "t-boned" description would lead me to believe the other party was at fault for the collision (although I have no where near enough info to say that with any certainty). If this is the case you would also be able to claim under tort (law suit) against the at fault party for any lost income you cannot recover through the AB claim up to 80% of your net weekly income. Additionally, if your knee injuries are permenant and serious (just about anything qualifies as perm and serious these days) you have a right to recover non-pecuniary damages (pain and suffering). The limitation period to make a tort claim is "two years from the date that the plaintiff discovers the cause of action".... in the case of a car accident with immediate injuries this would be two years from the date of the accident. |
Actually, you have seven days after the onset of injuries to inform the insurance company that you were injured in an accident....however...if you have a reasonable excuse as to why you didn't then its still fine.
You could still make a wage loss claim but I'm sure the adjuster would want documentation to show when you returned to work. Also there is a one week waiting period so you wouldn't be able to claim the first week of lost wages.
In this particular accident it doesn't matter who is at fault because you were a passenger in the vehicle and therefore, you could have a tort claim or passenger hazard claim against your friend if he is at fault for the accident.....missing out on such a win fall. |
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| MarkT |
^^^ I see that...but how the hell was causation demonstrated (between the accident and subsequent addiction)?
i.e. just because he became an addict afterwards, it does not follow that the accident MUST have been the cause or catalyst.
So is there an appeal in the works or is that court the final avenue?
you know what, scratch the appeal. Bel Air should just hire a hitman to take the guy out or find a dealer to feed him some overly potent blow so he OD's.
no, seriously
:p |
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| ChemEnhanced |
| quote: | Originally posted by MarkT
you know what, scratch the appeal. Bel Air should just hire a hitman to take the guy out or find a dealer to feed him some overly potent blow so he OD's.
no, seriously
:p |
I've said for a long time that insurance companies should have hitmen on the payroll....any claim where it may be over $100,000.00 you assign to him....its cheaper in the long run. |
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| Invasionmix |
| quote: | Originally posted by Moral Hazard
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well the T-bone was from my friend 'hitting something on the left lane' (on police report) hence causing him to lose control of the car, we basically hit the cement wall on the right lane and a truck on the right lane hit us... Surprisingly I walked out of it limping and a couple lacerations. The truck driver said he only pressed on the brakes last second.
But anyways, I do have auto insurance, my concern though is if I make this claim would it effect my own insurance in any way? (like price going up) |
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