Ottawa Injury Lawyers David Hollingsworth
We hate to be the bearer of bad news but we are today. The Ontario government has done it again. To further add to all the reductions in accident benefits that have been made over the last while, they announced even more changes last Thursday. These changes, in our opinion negatively impact Ontario drivers.
The changes are known as “The Fighting Fraud and Reducing Automobile Rates Act” and it was passed last week. What’s most disturbing in this Act is the removal of the right of motorists to sue an insurance company after they have been denied their claim. This new Act , in our opinion does not favour Ontario drivers and although it says it is designed to benefit drivers, removing the right to sue , will leave many Ontario claimants out of luck and in a potentially bad situation , where they are injured but the insurance company is not going to cover their injuries. It seems at every turn there are further and further reductions in Ontario Accident Benefits and now further rights are being removed.
Another change that Ontario drivers are facing is that the government has also reduced the interest rates that injured Ontario drivers and passengers get on their compensation from insurance companies which was reduced from 5% to 1.3% . This reduction in interest unfortunately can hurt Ontario drivers , as it gives less incentive for insurance companies to settle with claimants due to a lower interest rate.
Reducing Insurance Fraud. Really ?
The Ontario government would have us believe that their goal in this Act is to reduce insurance fraud and reduce insurance costs, but there is much more at play. So far the “promised 15 % reduction in insurance fees” has yet to be seen . The Toronto Sun reported that premiums have dropped by an average of only 6 %: a far cry from 15% !
The Importance of Accessing all Ontario Accident Benefits
We don’t disagree that automobile insurance is very expensive and lowering insurance premiums is important. What is even more important in our opinion is the ability to access ALL the accident benefits. We work each and every day with people who need these Accident Benefits not only for medical bills but also for expenses such as caregiver expenses, loss of income , etc.. Without access to these benefits, there are many people who will continue to suffer after an accident.
With further and further reductions in Accident Benefits what will be the end result? We don’t think it’s heading in a good direction at all. The Ontario Insurance Regime continues to change and Ontario drivers continue to have their rights and benefits reduced. This is frightening.
Our Ottawa Personal Injury Lawyers Are Here For You
If you have questions regarding Ontario insurance or making an accident claim, our lawyers and accident benefit specialists are here to help. Contact us for a free consultation or visit our website for more information.
What are income replacement benefits?
If you have been in an accident in Ontario and have suffered personal injury, you are most likely eligible for Ontario accident benefits. Ontario accident benefits , can partially compensate you for any losses of income if you are unable to work because of your personal injuries. You are only eligible for income replacement benefits if you were employed at the time of the accident or, subject to certain conditions, during the year prior to the accident.
You may be eligible to receive income replacement benefits every two weeks to partially replace lost income due to your motor vehicle accident. This includes motorcycle accidents, boating accidents ATV accidents etc… If you are unable to perform your job, you may receive income replacement benefits for up to 104 weeks following the onset of your disability. You may qualify for income replacement benefits:
• Did I suffer physical or psychological impairments as a result of a motor vehicle collision and, as a result, am I unable to work?
• Do any of the following statements apply to you?
Were you employed or self-employed at the time of the motor vehicle accident ?
Have you worked for at least 26 of the 52 weeks prior to your accident?
Were you receiving Employment Insurance (EI) benefits at the time of your accident?
Were you unemployed but was at least 16 years of age or excused from attending school at the time of your accident?
If you answered “yes” to the above questions and qualify for income replacement benefits, you may also be eligible and elected to
receive a non-earner benefit or caregiver benefit instead. In this case, you will be disqualified from receiving income replacement benefits. If you are unsure of which benefits to elect, contact a Ottawa personal injury lawyer so they can best advise you as to which accident benefits will be best for you.
How much do you receive for income replacement benefits?
If you are eligible to receive income replacement benefits, you will receive a payment at least once every second week of 70% of your gross income salary minus any income replacement assistance paid by other sources, such as your employer, to a maximum of $400 per week. If you continue to qualify for income replacement benefits after 104 weeks, your minimum weekly benefit will be $185. The first week of your disability is not covered.
When you purchased your car insurance, you may have opted to purchase additional income replacement benefits from your insurance company which may pay up to $600, $800 or $1,000 per week depending on
how much additional insurance coverage you purchased. If you are unsure whether or not you are entitled to additional income replacement benefits, contact your Ottawa personal injury lawyer. They can help answer that question once they have reviewed your insurance policy.
Your gross income is your income before any deductions and taxes. The gross income amount you receive will be calculated on the information you put down on your application form. In general, income replacement benefits are calculated
• If you are employed at the time of the accident, income replacement benefits are based on your gross income either:
in the 52 weeks before your accident or in the 4 weeks before your accident multiplied by 13.
• If you were self-employed at the time of your accident, income replacement benefits are based on actual income earned
in the last 52 weeks or in the last fiscal year completed before the accident.
• If you were not working at the time of your accident but you were receiving EI benefits, or had worked at least 26 weeks of the 52 weeks before your accident, the income replacement benefits will be based on income earned
in the 52 weeks before your accident including your EI benefits.
• If you are over the age of 65, income replacement benefits are payable for up to 208 weeks and are gradually reduced.
• If you are 65 years old and are receiving income replacement benefits, your income replacement benefits are converted to a lifetime pension at a reduced rate.
Ottawa Injury Lawyers David Hollingsworth We work day in , day out with Ontario insurance claims and know how to ensure that our clients are receiving all the Ontario accident benefits they are entitled to. Do yourself a favour and take the free consultation from a personal injury lawyer.
Insurance Claims Lawyers
I am often asked to help fill out Ontario accident benefit forms. This is a task that our accident benefits specialists do every day and I know exactly how to fill them out so that there is no room for ambiguity. I don’t want to scare anyone off filling them out themselves but the truth is , they absolutely need to be filled out in detail and correctly.
Unfortunately Ontario accident victims can’t miss giving pertinent information or the insurance company can use that against them when it comes time to settling their case. Is this fair? Absolutely not but it does happen. That is why I feel strongly about guiding my clients through this process. It is worth us taking the extra time to help at the very beginning and our lawyers and accident benefit specialists are happy to do so.
The Ontario Accident Benefit Forms ; otherwise know as OCF forms are detailed, complicated and there are many of them that need to be filled out in a timely manner. Not to mention that you or a family member has just been in an accident and filling out forms is the last thing on your mind. I can tell you first hand that people come to me to tell me their story and get some advice. As soon as I help them with their forms, it is like a weight has been lifted and they are able to catch their breath.
I know the stress associated with an accident and I, along with my team of Ottawa personal injury lawyers, accident benefit specialists and personal injury law clerks are dedicated to not only getting maximum compensation for our clients, we want to help them rebuild their lives after an accident. It’s important to us. The following is a list of some of the Ontario Accident Benefits forms you may need help with:
OCF-1: Application for Accident Benefits
OCF-2: Employer’s Confirmation Form
OCF-3: Disability Certificate
OCF-4: Death and Funeral Benefits Application
OCF-5: Permission to Disclose Health Information
OCF-6: Expenses Claim Form
OCF-10: Election of Income Replacement, Non-Earner or Caregiver Benefits
OCF-18: Treatment and Assessment Plan
OCF-19: Application for Determination of Catastrophic Impairment
OCF-21: Auto Insurance Standard Invoice
OCF-23: Treatment Confirmation Form
OCF-24: Minor Injury Treatment Discharge Report
Let our personal injury lawyers and accident benefit specialists help you with your OCF forms and accident benefits package. We do this for free !
Accident and Insurance Timelines
Ottawa Insurance Claims Lawyer David Hollingsworth. Anyone can get hurt in an accident at any given moment. It happens so quickly and the after effects can be devastating. In Ontario, there are certain timelines that need to be adhered to make an insurance claim as easy as possible, following an accident. If you or someone you love has been injured in an accident, these timelines need to be adhered to as best as possible.
First and foremost, if needed seek medical attention immediately and ensure that your health needs are being met.
Within 7 days of your accident, it is crucial…
That you or a loved one notifies your insurance company of the accident.
Within 30 Days of your accident, it is crucial…
That you make an application for accident benefits.
Within 2 Years of your accident, it is crucial…
Your personal injury lawyer files a tort claim against the party who is at fault for the accident. This in turn, makes a claim against the insurer if you are denied accident benefits from your own insurance company.
As an Ottawa personal injury lawyer, I know that the days immediately following an accident, it is difficult to start making claims and filling out applications. That is why it is best to contact an Ottawa personal injury lawyer and let them do this for you.Your job is to recover . Their job is to help you. I can’t tell you how much stress is immediately relieved when I tell my clients in the initial meeting. “Don’t worry, we can take care of this for you.” I can immediately see it in my clients faces and bodies.
There are certain exceptions to these timelines; however they are rare. If you happen to fall into this category, it is best you consult with a personal injury lawyer and let them look into it for you.
For more information visit www.ottawainjury.ca
Accidents in Ottawa
Personal Injury Lawyers in Ottawa Ontario….
Listen up Ottawa drivers ! Did you know that more than 15,000 auto accidents occurred in Ottawa in 2011. This is more Ottawa accidents than last year; however, fewer people died and fewer people suffered personal injuries.
The most common intersection in Ottawa for accidents is Riverside Drive and Hunt Club Road. This busy Ottawa intersection had 53 crashes in 2011, compared to 2010,when it also ranked first in accidents, 43 accidents reported.
The second most common Ottawa accident intersection was Belfast Road and St. Laurent Boulevard. There were 32 accidents in 2011.
The intersection of Baseline Road and Woodroffe was also a common accident location with 31 accidents reported.
Ottawa accidents in 2011
The following intersections also reported a high number of Ottawa accidents in 2011:
Catherine Street and Kent Street- 30 Ottawa accidents
Walkley Road and Hawthorne and Russell roads- 30 Ottawa accidents
Prince of Wales Drive and West Hunt Club Road -30 Ottawa accidents
Blair Road and Blair Road Ramp 36 -29 Ottawa accidents
Clyde Avenue and Merivale Road- 29 Ottawa accidents
Industrial Avenue and St. Laurent Boulevard -29 Ottawa accidents
Baseline Road and Greenbank Road -28 Ottawa accidents
Beechwood Avenue and Crichton Street – 28 Ottawa accidents
Thankfully, none of these Ottawa accidents resulted in death.
The city of Ottawa recorded 15,295 collisions in 2011, up from 14,953 in 2010, The number of registered vehicles and licensed drivers on Ottawa’s roads also increased in 2011.
The city of Ottawa also reported that 25 people died in Ottawa accidents: 9 drivers, 7 passengers, 1 motorcyclist, 1 cyclist and 7 pedestrians. The number of fatal accidents in Ottawa lowered from 2010, when 38 deaths occurred in Ottawa accidents and is the lowest number of fatalities in 6 years.
The number of reported people suffering personal injuries in Ottawa accidents lowered from 3,822 in 2010 to 3,690 in 2011, including 2,152 drivers, 814 passengers, 339 pedestrians, 130 motorcycle drivers, 13 motorcycle passengers, and 242 cyclists .
The city of Ottawa is also looking at road safety initiatives and assessing different types of situations when Ottawa accidents happen and where personal injuries result, to improve safety for everyone in Ottawa .
Ontario Minor Injury Guidelines. Insurance Claims. Ottawa Personal Injury Lawyer David Hollingsworth…Have you recently been involved in an Ontario car accident and your insurance company has told you that your injury is classified as a “minor injury”? Unfortunately that means you will only receive $3500 in medical rehabilitation benefits available, regardless of whether or not you opted to pay for enhanced Ontario accident benefits. Insurance companies have also determined that a minor injury does not qualify for housekeeping benefits or attendant care benefits. This causes a lot of problems for many Ontario accident victims, who require these benefits. Not everyone is seriously injured in an accident , so the minor injury guidelines are acceptable to them. What’s really becoming a crisis situation in the vast majority of people who suffer serious injury in an accident and accept what their insurance company gives them in limited accident benefits, leaving them without enough support and benefits , which generally results in them not recovering. The Minor Injury Guidelines typically includes the following personal injuries resulting from an Ontario motor vehicle accident:
- Tears/ partial tears
- Whiplash (unless there are neurological symptoms)
- Cuts, contusions, and abrasions
- Subluxations (unless it is a complete dislocation of a joint)
———————- The Ottawa Injury Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa personal injury lawyer representing Ontario accident victims and the families of accident victims who have lost a loved one in an Ontario accident. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a question, feel free to call or email firstname.lastname@example.org (613) 978-9549
Ontario Accident Benefits, Definition Minor Injury Guidelines, Ontario Injury Lawyer David Hollingsworth
Ontario Insurance Claims Lawyer : Ontario Accident Benefits Lawyer shares of Ontario’s auto insurance regulations changes to SABS . Ottawa Personal Injury Lawyer David Hollingsworth.
Ontario drivers take note: The new Ontario auto insurance regulations will take effect Sept. 1, 2010. The changes include major reductions to accident benefits available in non-catastrophic injury cases along with other significant changes.
The Ontario Minister of Finance has announced changes to Ontario automobile insurance designed to avoid premium increases by stripping down the basic auto insurance coverage.
The changes provide consumers with options to buy additional accident benefit packages at additional cost. The question is how many will? Most likely most car owners will opt for reduced basic auto insurance coverage which means many seriously injured accident victims end up with access to less insurance protection. Equally as disturbing, are those without access to their own automobile insurance policy will only be eligible for a very reduced basic auto insurance coverage.
Some insurers will experience a drop in insurance rates but it will be unfortunately at the expense of the seriously (but not catastrophically) injured Ontario accident victims and those looking to fully protect themselves in an accident and are willing to pay a higher insurance premium.
What these changes mean for the people of Ontario…
Changes in Accident Benefits
The changes include a new Statutory Accident Benefits Schedule (SABS) that now has a cap on medical/rehabilitation and assessment/examination expenses for minor injury at $3500.
New Minor Injury ( a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and any clinically associated sequelae) Guideline for Ontario accidents.
Standard medical and rehabilitation coverage for non-catastrophic claims of $50,000, with optional coverage of $100,000 or $1.1 million.
Standard attendant care coverage for non-catastrophic claims of $36,000, with optional coverage of either $72,000 or $1.072 million. For non-catastrophic claimants, insurers will supply optional caregiver, housekeeping and home maintenance benefits.
Payment for all in-home assessments are capped at $2000 and will be available only to those claimants who have sustained more than a minor injury.
Rebuttal examinations and approval forms will be eliminated.
Several procedures will be simplified and merged (ex: treatment plans and applications for approval of assessments or examinations will now be merged into one process).
Adjusters will have discretion in the use of insurer examinations.
The new SABS also contains a definition for “incurred expense”.
David Hollingsworth has been a Ottawa Personal Injury Lawyer since 1999 dedicated to helping Ontario accident victims. For more information on how these changes affect you, visit www.ottawainjury.ca or call for free consultation 613 978-9549.
Ottawa Personal Injury Lawyer David Hollingsworth understands that an Ontario personal injury lawsuit can be intimidating and sometimes overwhelming . It’s hard to know where to start and that’s where the best Ottawa personal injury lawyers come in. At www.ottawainjury.ca, we understand, we care and we’re there to help. David Hollingsworth and his Ottawa personal injury team are dedicated to alleviating your stress, by representing you and allowing you to focus on your recovery. David Hollingsworth has been specializing in Ottawa personal injury since 1999 and has earned the reputation as an honest, dedicated, hard working Ottawa personal injury lawyers.
Where an Ontario Personal Injury Lawyer can help…
Most Ontario accident victims are unaware of their rights and settle with the insurance company and take what is offered to them without any knowedge of their future medical expenditures or losses. Unfortunately, often times the insurance company is looking for the cheapest way to settle a case and not looking out for the best interest of the Ontario accident victim and their family. Often times the illness or effects arising from a personal injury accident are not known until long after the Ontario accident has occurred. Without the help of an Ottawa Personal Injury Lawyer, such as David Hollingsworth, Ontario accident victims often struggle to obtain enough compensation to take them throughout their lives.
An Ottawa personal injury lawyer can help you determine what you may be entitled to. As one of the top Ottawa personal injury lawyers, David is able to refer to cases similar to the accident victims and determine the realistic maximum amount to fight for. Your Ottawa personal injury lawyer can also help order medical reports, set up specialists visits and ensure you receive maximum compensation.
The extent of your personal injury varies from a car accident, a bicycle accident, a pedestrian accident, slip and trip fall accident, snowmobile accident , sexual abuse, or any kind of accident that causes you serious personal injury. A highly experienced Ottawa personal injury lawyer will be the one to help you receive the compensation and support you need and are entitled to. You pay your monthly insurance premiums for a reason ..you need compensation and are entitled to it!
David Hollingsworth has been an Ottawa personal injury lawyer specializing in helping Ontario accidents victims get the help they need. Visit www.ottawainjury.ca for more information or call 613 978-9549.
Ottawa Insurance Claims Lawyer – David Hollingsworth . I often get calls asking me what to do if there is no insurance available to accident victims in Ontario.
Is all hope lost if you have been in an accident and don’t have insurance? No, thankfully the government of Ontario has put a fund in place to help people who have been injured in an accident in Ontario and are left with no where to turn to for compensation.
The Motor Vehicle Accident Claims Fund: No Insurance…
- to provide statutory accident benefits directly to those with personal injury involved in an automobile accident, who have no access to automobile insurance;
- to provide financial compensation for personal injury or property damage to victims involved in an automobile accident with an uninsured or unidentified driver or a stolen vehicle when no liability insurance exists; and
- to recover from the owners and drivers of uninsured vehicles monies paid out on their behalf, where legally permissible.
If you been involved in an Ottawa or Ontario car accident and do not have motor vehicle insurance, or if you been in an Ottawa accident or Ontario accident and other party does not have insurance, you may still have recourse and be entitled to compensation. There may be benefits available to you. I have successfully obtained significant settlements for my clients with personal injury from the Motor Vehicle Accident Claims Fund. I helped them and I can help you. Visit www.ottawainjury.ca for more information or call 613 978-9549.
Ottawa Personal Injury Lawyer David Hollingsworth -Ottawa Accident Lawyers.. I had the pleasure of speaking with Richard and thought I would share this article from the Ottawa Citizen with you….I wish him and his wife Maureen continued success in their recovery.
Richard Perrin was in a terrible accident. He was thrown off a motorcycle at 160 km/h. He explained to the Ottawa Citizen newspaper…”I came out on the wrong side of the risk-reward equation. Thankfully he was alive, following a serious motorcycle accident that left him paralyzed from the rib cage down.
Richard Perrin could be described as obsessed with motorcycles. For over 10 years, he dreamed of various bikes and gleaming motorcycles riding through the desert sand. In particular , he had his eye on one bike. “The Valkyrie from Honda” was the object of his affection. Richard knew he had to have it and decided to sign up for an introductory motorcycle course at the Ottawa Safety Council.
Perrin bought his first bike from his future wife, Maureen and together they began touring New Hampshire, New York, Vermont, Maine, Newfoundland and England. Richard’s bikes were not only his hobby, they were his passion and he spent many hours tinkering away on old motorcycles and reading motorcycle magazines in his garage. Soon enough, the pictures in the magazines became part of his real life. Richard not only looked at the racers in the magazines, he was going to become one of them.
He started racing four years ago and joined the Vintage Road Racing Association. Richard joined this like minded group of motorcycle enthusiasts and began devoting himself to winning his motorcycle class. He trained hard and in the off-season, he worked out in his basement, while watching motorcycle races on TV.
Then on Aug. 14, 2009, Robert entered in the summer’s premier event at Mosport International Raceway and things took a turn for the worse. While travelling over 160 km/hr, Richard lost control of his bike and ended up in The Ottawa Hospital Rehabilitation Centre. Richard was air lifted to a nearby hospital where he underwent surgery to relieve the pressure on his spinal cord. Perrin was paralyzed from the ribcage down. He had suffered an incomplete spinal cord injury. The first few days in the hospital were filled with fear. Richard spent his time thinking about what he had lost, thinking about his wife and children and how this accident would forever change their lives . Doctors were unable to tell him if he would ever be able to walk again.
Thankfully, Richard also knew that these thoughts would not serve him well. He would allow himself only short sessions of grief, 20 minutes at a time. He knew he needed to focus on being positive. ” I decided then that I was going to be relentlessly positive through all of this experience. …“Really, I knew I was lucky because you don’t come off of a motorcycle at near top speed and go tumbling along and live some kind of life that is still OK. I still had my kids. I still had my wife” he told the Ottawa Citizen.
His wife Maureen remained supportive throughout. When Richard arrived at the Ottawa Rehab Centre in September 2009, he was unable to sit up or transfer to his wheelchair. He required a nurse to help him use the bathroom and dress himself. He needed significant support. And support he received. Four months later, his determination has led him through numerous physiotherapy sessions. He spent months working on building muscles and strength in his legs.
Perrin still has sensation in his legs and can feel pressure exerted on his quadricep. The first day he stood in rehab was exhilarating. All his months of hard work paid off. Richard is realistic in his goals and knows he won’t be running to the store anytime soon, but for now, is happily accepting these baby steps. There is still much uncertainty. Perrin’s rehabilitation physician, Dr. Vidya Sreenivasan told the Ottawa Citizen “All we’re able to say is that it is a good prognosis in that there is potential for motor recovery,” “There’s still a lot of really big question marks as to where his recovery is going to take him.” The physician pointed out that Richard possesses a winning attitude and channeled his anger into getting better and being constructive.
Richard knows his outlook has been influenced by his experience as a competitive athlete, which taught him the road to improvement is marked by pain and frustration. Richard accepts full responsibility for his actions. He knew the risks and was well aware of the dangers of the motorcycle races. He doesn’t blame anyone for the accident. He isn’t asking himself ‘Why me?’ He knows why. He also knows that most motorcycle accidents don’t result in a spinal cord injury, his just happen to have.
As time went on, Richard’s hope of walking again , bit by bit, day by day, started to become a possibility. Months before he didn’t feel this much hope but now he did. It’s almost as of his determination, hard work and positive attitude got him up on his feet again. The future is now brighter for Richard and Maureen Perrin. They soon take possession of a new home in the Andrew Haydon Park area. The home will need to be modified and made wheelchair accessible and they are waiting to find out what the insurance company will and will not cover. Thankfully Richard will also be able to return to work designing software. By all accounts, things are looking up.
Article information from the The Ottawa Citizen