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Our Ottawa injury lawyers are often asked to provide insight and advice on current issues in Ontario personal injury law. Recently, our very own Ottawa injury lawyer David Hollingsworth, was interviewed by Advocate Daily magazine and was asked to offer up some advice on setting up clear expectations and guidelines during an initial meeting with a personal injury client. Of course, this advice can be used in any type of meeting; however David focused primarily on Ontario personal injury cases.
What are Ontario Accident Benefits ?
In particular , David discusses what is to be expected when it comes to Ontario Accident Benefits. There are many myths associated with Ontario Accident Benefits and an experienced personal injury lawyer can help sift through what is important and what isn’t and what is to be believed and what isn’t. There are many different Accident Benefits available to people who have been injured in a car accident in Ontario; however not all Accident Benefits apply to each case. Depending on the nature of the accident, the extent of the injuries and the particular insurance policies, different accident benefits are available to different people.
Can I sue for…?
Another common misconception that David addresses in the article in Advocate Daily is the myth of everyone who is in an accident is entitled to sue. He goes to highlight and explain what responsibilities lie on which individuals. In other words , can the individual prove fault? If not, can they sue? Can they show that they are seriously injured? Are their injuries permanent? Any experienced Ottawa injury lawyer can answer these questions for you.
How much compensation for injuries?
Probably one of the most common misconceptions David discusses is the amount of compensation people feel they are entitled to. David believes this is a very important expectation to set out. By being honest and setting reasonable expectations with the clients at the onset, there are no surprises. Most people do not like surprises, especially when it comes to the amount of compensation they are going to be receiving.
The articles goes on to discuss other common misconceptions and serves as a reminder to us all that it’s always bes to be up front and honest . In the initial meeting, people need to be given as much information as possible and know what to expect in the months and years to come. Click on the link if you wish to read the full article in Advocate Daily.
Compensation awards for sports injuries
Is there compensation for sports injuries ?
Ottawa Injury Lawyer David Hollingsworth Featured in Lawyers Weekly Magazine
David Hollingsworth is often approached my news and media outlets to give his opinion and speak about issues related to personal injury. Recently, David was contacted by Lawyers Weekly magazine to discuss some of the very common misconceptions that take place during an initial meeting with personal injury lawyers and new clients.
In a nutshell, David believes the most common misconceptions about motor vehicle accidents are:
- Statutory Accident Benefits paperwork is not worth the hassle. NOT TRUE
- People believe that they have been injured in an accident and are entitled to sue . NOT NECESSARILY TRUE
- People believe that if they were injured and not at-fault for the accident, they will be entitled to millions of dollars in compensation. NOT NECESSARILY TRUE
- The other side will only rely on the documents that they are given. NOT TRUE
- People believe that there are no risks in starting a lawsuit. NOT TRUE
- Insurance companies will want to settle cases quickly and out of court. NOT NECESSARILY TRUE
- People believe that they should be able to reach their lawyer any time they want. NOT NECESSARILY TRUE
What personal injury clients need to know…
The full article in Lawyers Weekly can be viewed online. David explains what he has observed over the years as an Ottawa personal injury lawyer . He offers his ideas on what he feels is most important for lawyers to explain to personal injury clients to ensure the success of the case, open lines of communication, realistic expectations and harmonious relationships all around. Each personal injury case is unique and each outcome is unique. David and his team all share the same philosophy when it comes to personal injury cases and how best to help their clients. The main goal is always to help clients and their families get their lived back on track as best as possible. This is probably the most challenging part of every case. Many health professionals need to be involved to ensure that clients are being well cared for and a realistic rehabilitation plan is in place. Once a very solids plan is in place, then the focus is to ensure that the maximum amount of compensation will be rewarded to clients. This is critical. “Most of our personal injury clients have injuries that will continue affecting them for years to come” . These types of injuries require substantial compensation and it’s important our clients don’t need to worry about running out of money in the years to come . Clients need to focus on recovery. That is their job .
Lately , we’ve received a number of calls from Ontario drivers wanting more information about lending their cars to friends and family members . Of course there will be situations in life where it just makes perfect sense and is convenient to lend your car to someone. As Ottawa personal injury lawyers, we must caution you on making the decision to whether or not lend your vehicle to someone who is not listed on your insurance policy. There are certain risks and liabilities for both the owner of the vehicle and the driver who is borrowing the vehicle, that we feel needs to be brought to the attention of the people of Ontario.
Can your insurance premiums change if you loan your vehicle to someone?
The Ontario insurance regime was set up that you can loan your car to someone because your insurance policy follows your vehicle. This means that even if you aren’t in your car and you loan your vehicle to someone who gets into an accident in your vehicle, they may be covered. In essence, they may be “using” your insurance policy. Of course, this does mean that should they get into an accident and they are at fault, yes, your insurance premiums may be affected moving forward. If your friend or family member is in an at-fault accident while driving your car, your insurance premiums could be affected. If they happen to have their own insurance, then they would access their own Accident Benefits but if they do not, they would access Accident Benefits through your insurance policy.
What you need to think about before loaning your vehicle to someone…
When loaning your vehicle, remember you do not have to disclose the names to your insurance company however, it’s best to remember the following:
- You must agree either verbally or in writing that you are loaning your vehicle to the intended driver.
- If you are loaning your vehicle regularly to someone ( ex once a week) you must inform your insurance company and have them added as an occasional driver. There is often no extra charge in doing so.
- Make sure that the person you are loaning your vehicle to has a valid driver’s licence and that this licence is valid in the province that you both live in
- Provide a copy of the registration and proof of insurance in the car and let the borrower know of their location
- Ensure the person you are loaning your vehicle to knows not to let anyone else drive the car.
The Insurance Bureau of Canada
The Insurance Bureau of Canada (IBC) states “ Risk management involves identifying and understanding risks. Whether you’re lending your vehicle or participating in a vehicle exchange, you can limit your exposure to risks through loss prevention techniques.” IBC offers many tips on managing these risks on their website www.ibc.ca
Knowing the implications of loaning your vehicle is important. For more information on Accident Benefits , visit www.ottawainjury.ca/insurance-claims