Lock your car doors. You may be liable to lose more than you think and it could affect your insurance claims.
What’s the worst that could happen when a car door is left unlocked in a driveway or parking lot? Most would assume that their car, or the belongings inside it, could be stolen. The consequences turned out to be much worse in a recent case involving an Ontario garage and dealership . The Supreme Court of Canada looked at the insurance claims and recently ruled that the owner of that garage owed a duty of care to a minor who was injured in one of their unlocked vehicles after it was stolen.
On a summer evening in 2006, two teenagers walked around their hometown with the intention of stealing from unlocked cars before finding themselves at Rankin’s Garage & Sales — a business that serviced and sold cars and trucks. The garage property was not secured, and the two found an unlocked Toyota Camry with keys left in the ashtray. Despite not having a driver’s license or any driving experience, one teen got behind the wheel and set off for a joyride with the plaintiff as his passenger. The vehicle crashed, and the plaintiff suffered a catastrophic brain injury.
Difference levels of responsibility in insurance claims
The victim sued and the Trial Judge determined that the garage owed a duty of care to the minor plaintiff and a jury apportioned 37% responsibility to the garage for the teen’s injuries. The primary issue on appeal was whether the Trial Judge had erred in finding that the garage owed a duty of care to the plaintiff in the circumstances, which included his participation in the theft. The Garage appealed.
The Court of Appeal decides on insurance claims
The Court of Appeal found it reasonably foreseeable in the circumstances that minors might steal an unlocked car with keys in it and injure themselves doing so. The basis for this conclusion was that Rankin’s Garage was easily accessible, there were no security measures to keep people off the property after hours, cars were left unlocked with keys in them, and there was evidence of a history of theft in the area and from the garage itself.
The Court of Appeal concluded that the garage should have had minors in mind when considering security measures, and that the care and control of many vehicles imposed a responsibility of securing them against minors. Securing vehicles by locking them and keeping keys secure was the garage’s responsibility.
We all know that there are possible dangers in leaving our vehicles unlocked, but we don’t often think beyond the obvious. A case like this should be a reminder that cars, machinery, and tools can cause harm to those who are not experienced in using them safely. Owners of these items have a responsibility to make sure that they do not fall into the wrong hands.
A business that leaves a car unlocked with the keys inside will not necessarily be responsible when someone is injured after the car is stolen, the Supreme Court has ruled. The business will only be responsible where it should have known both that the car could be stolen, and that someone could be injured due to it being driven unsafely.
Ottawa Injury Lawyers David Hollingsworth and Associates. If you have been in an accident in Ontario and are injured, you will most likely need to access your Ontario accident benefits. Ontario accident benefits are provided through your insurance company or the insurance company of other vehicle involved in the accident. You begin by first informing your own insurance company that you have been in an accident. They will then send you an Ontario Accident Benefits package. By law your insurance company must provide you with these forms, and you have 30 days to complete the necessary accident benefit forms and return them to your insurance company. It is important you fill out these forms are properly filled out. When a new client comes to us and we act for them as their Ottawa personal injury lawyer, we always recommend that we fill out the forms for them as often times they can be somewhat confusing and challenging if you have never filled them out before. We have accident benefit specialists who can fill these form out for you in a comprehensive and detailed manner ensuring that there are no errors on your forms that could in turn delay your case. There are a number of Ontario accident benefit forms that need to be completed and depending on what your injuries are and the details of your accident, you may be required to fill out all of them. The primary forms that need to be filled out right away are:
Ontario Accident Benefit Forms: OCF Forms
- OCF-1 : Application for Accident Benefits
- This is the initial accident benefits form to be filled out when applying for accident benefits as a result of an accident . The OCF-1 form must be filled with your insurance company in order for your personal injury claim to commence.
- OCF-2 Employer’s Confirmation of Income
- The OCF-2 form applies only to those who are claiming Income Replacement Benefits. The OCF-2 form is completed by you and your employer. There are instances where several OCF-2 forms need to be completed. For example if you have been employed by more than one employer in the previous 52 weeks, you may need to fill out an OCF-2 form for each of your previous employers within the previous 52 weeks.
- OCF-3 Disability Certificate
- The OCF-3 form is to be completed mainly by your health practitioner. It needs to be as detailed as possible and describes the extent of your injuries as a result of the accident.
- OCF-5 Permission to Disclose Health Information
- The OCF-5 forms allows for access to your medical records and any previous medical information that can help determine your accident benefits eligibility.
You have been injured and you are suffering so its important that we get you help as quickly as possible. We are Ottawa personal injury lawyers who can help you by ensuring that you receive all the services you need as well as ensure that you receive maximum compensation for your injuries. Our accident benefit specialists will help you sift through the accident benefits process and will complete all the necessary Ontario accident benefit forms properly and in a timely manner, so as not to delay your case. We understand that these are difficult times and we are here to help. Our Ottawa injury lawyers can travel to you, your home or your hospital. All consultations are free.
Ottawa Personal Injury Lawyers working with David Hollingsworth.
Ottawa Lawyers who travel to you to ensure maximum compensation.
Who pays for Ontario accident benefits insurance compensation?
Since Ontario has no-fault insurance, it can be confusing and sometimes difficult to understand who exactly pays for insurance compensation. Does it come directly from the driver’s pocket? The other driver’s pocket? Your own insurance company? The other driver’s insurance company? Regardless of who is at fault, if you are seriously injured, you are entitled to certain Ontario accident benefits from your own car insurance company or from the car insurance company of another vehicle involved in the accident, no matter who is at fault. Depending on the circumstances of your accident, Ontario accident benefits compensation can come from any of the following.
- your insurance company
- the insurance company of the vehicle that you were travelling in as a passenger
- the insurance company of the any vehicles involved in the accident .
- if uninsured, the MVAC: Motor Vehicle Accident Claims Fund . This is a fund established by the Government of Ontario to help compensate people who need help but have no insurance at the time of their accident.
How an Ottawa personal injury lawyer can help you with your insurance claim.
Experienced Ottawa personal injury lawyers will be able to help you fill out your Ontario accident benefit forms and help you determine your best course of action. It is always advisable to consult with an experienced personal injury lawyer and get a free consultation. We meet daily with people who have been in accident sand need help. One of the many services we offer is that we will fill your Ontario accident benefits forms for you. It’s important that these forms are filled out correctly and in a timely manner. Failure to do so can affect the amount of compensation you receive and the length of time it may take to receive your compensation. The Ontario accident benefits insurance process can be complicated. Let us help you. You have been through enough.
Ottawa Child Injury Lawyer David Hollingsworth
When it comes to our children, nothing is more important. When a child suffers a personal injury, our hearts are broken. No one over wants their child to be injured. We know how stressful and overwhelming it is for parents when their child is suffering.
Hiring the right Ottawa child injury lawyer is critical. It is important for one to know that a child personal injury claim is not the same as an adult personal injury claim. There are very specific laws in Ontario that govern a child injury case. For instance, did you know that any settlement of a Ontario personal injury claim involving a minor requires Ontario court approval ? This is done to protect the child and make sure that the settlement amount is appropriate and fair and that the legal fees charged by the personal injury lawyer hired for the child are fair and appropriate for the amount of work/risk he or she had done.
There are also many areas in Ontario accident benefits policies that pertain to children claims. Often times when a child suffers a personal injury, they need to be cared for by a parent. In most cases, this means that a parent must take time off work and assume a full-time caregiver role. There are specific provisions in the Ontario accident benefits that can help cover your loss of income while caring for your child.
Our child injury lawyers and our Ontario accident benefit specialists work together to make sure that all expenses are covered including, medications, family visiting expenses, loss of income, and provisions for other changes in your life as a result of your child being injured. We can help in many ways including filling out all the necessary paperwork for you. We do this to ensure that the insurance companies are responsible for 100% and no stone is left unturned. The paperwork can be daunting and complicated and often times our clients are not in the right head space to be focusing on this as they have much more important things and people to be focusing on.
If your child has been injured in a Ontario accident, it’s important that you consult with an experienced Ontario child injury lawyer to ensure you receive all the compensation and support that will be needed not only now but in the years to come following your child’s accident.
For more information, visit www.ottawainjury.ca or email [email protected] We are here to discuss your child’s accident with you and can offer you advice on how best to proceed. We have been helping Ontario families work through their accidents and injuries since 1999. Our goal is to help you as much as possible and provide you not only with maximum compensation, but help you get much needed services and support.
Ottawa Insurance Claims Lawyers David Hollingsworth
In September 2010, The Ontario government through the Financial Services Commission of Ontario made significant changes to Ontario insurance plans. Not only did FSCO significantly reduce the accident benefits available to Ontario drivers, it introduced a 2 tiered approach for Ontario drivers. All Ontario drivers are required to purchase insurance. How much insurance you purchase is up to you.
Top up accident benefits
There are several “top ups” that can be purchased in the event that you or a loved one is in an accident in Ontario. Indexation is an additional Ontario accident benefit that can be purchased. This optional benefit provides for an automatic adjustment over time of several different accident benefits including income replacement benefits, medical and rehabilitation benefits, attendant care benefits and other Ontario accident benefits. The indexation of these accident benefits is determined by the changes in inflation based on Consumer Price Index of Canada. Basically, it’s an extra insurance policy that ensures that your benefit dollars keep up with the times.
Accident Benefits and Indexation
In other words, a dollar today is not going to be worth what a dollar tomorrow will be worth. As an Ottawa personal injury lawyer, I know how important Ontario accident benefits are to my clients. Often times, people are unable to return to their previous life before the accident and are left with their insurance claim and accident benefits to carry them throughout the rest of their lives. I know that Ontario insurance premiums are already very high, so paying even more is frustrating; however, if ever you need to access these accident benefits, you will need them.
Our personal injury lawyers are constantly meeting with people who regret not having “topped up” their insurance coverage. It’s a personal decision and not a decision that should be taken lightly.
Something to think about…
What are dependant care benefits ?
If you have been in an accident in Ontario, navigating the Ontario accident benefit forms can be a very confusing and stressful thing to do. You may not know which benefits your are entitled to and need help accessing all the right Ontario accident benefits. Dependant Care Benefit is an Ontario accident benefit that you may be entitled to.
When can you claim dependant care benefits?
This is an optional accident benefit and can only be claimed if you were working at the time of your accident, you are not receiving the caregiver accident benefit, and have are having to pay for additional childcare expenses because of your accident . If accessing optional dependant care benefits, you may be entitled to up to $75 each week for your first dependant and $25 for each additional dependant after that. Navigating an Ontario insurance claim can be tricky and that is why it is best to consult with us first to make sure you are on the right track. you may not need an Ottawa personal injury lawyer, you may just need advice. We can help you with that. We can sit down with you and lay out your options or if you prefer, we can email you the options. If you have a question, let our injury team know and we would be happy to help.
David Hollingsworth and his personal injury lawyer Ottawa team
David Hollingsworth is a top Ottawa Personal Injury Lawyer . Along with his injury team, they dedicate themselves to ensuring that Ontario drivers, passengers, riders and pedestrians receive all the help, support and maximum compensation following an accident in Ontario. For more information relating to Ottawa accidents, Ontario insurance , personal injury or events in our community, contact us at www.ottawainjury.ca or email [email protected] or call (613) 978-9549
What are housekeeping benefits ?
Taking care of your home seems like the last thing you need to think about after an accident but unfortunately, you need to or you need someone helping you. If your accident was in Ontario, you may be eligible for Ontario accident benefits from your insurance company or the insurance company of the driver who was at fault. There are several different accident benefits available to you. One involves housekeeping and home maintenance expenses. Basically, if you are unable to perform your usual housekeeping duties or home maintenance duties, your accident benefits can cover someone performing these duties for you.
How much are housekeeping benefits in Ontario ?
The maximum housekeeping and home maintenance benefit payment is $100 each week.
Does everyone qualify for housekeeping benefits?
This home maintenance and housekeeping benefit is available only to Ontario accident victims who are deemed “catastrophically injured” in an Ontario accident. However, the FSCO -Financial Services Committee of Ontario has made housekeeping and home maintenance benefits available to non-catastrophically injured accident victims as well by purchasing additional accident benefits. Yes, this means an additional cost each month to an already expensive insurance payment.
Should you purchase additional accident benefits?
We understand that purchasing these additional accident benefits may not seem to make sense; however,in the event of an accident , you may rely heavily on your insurance benefits. If you are unsure of whether or not you have access to these Ontario accident benefits, let us know and we can help steer you in the right direction. We can give you advice and let you decide how you want to approach your insurance company. We are here to help. All advice is free.
If you feel like your insurance company isn’t being fair, that’s where our personal injury lawyers in Ottawa can help. Let us help.
If you or a loved one has been injured in an automobile accident in Ontario, you are most likely looking into what coverage you have through your insurance company.
In Ontario, accident benefits are available to Ontario drivers. Whether you are at fault or not in the accident, your Ontario insurance policy will provide you with certain accident benefits. One accident benefit that you may need is Caregiver Benefits. If before your accident you were providing full-time care to dependants and you no longer can as the result of your automobile accident, you may be eligible for caregiver benefits in the instance that you need to hire someone to step in, take over and care for your dependants. The maximum amount for caregiver benefits is $250 each week for one dependant, and another $50 each week for each additional dependant.
Catastrophic injury and caregiver benefits
The caregiver benefits are available to catastrophically injured accident victims. In the event that you have suffered a serious injury but are not deemed to be catastrophically injured ,you may still access caregiver benefits if you have purchased the “top up” and extended your accident benefits coverage. These additional accident benefits are optional benefits and may not be for everyone.
As an Ottawa personal injury lawyer, I meet with people everyday who have purchased the additional accident benefits and have had to use them. In a time of need, they can make all the difference. If you are wondering whether or not you can receive these accident benefits, give us a call and we can help you figure it out. After an accident, figuring out your best options in Ontario accident benefits is the last thing you need. It’s time to focus on yourself, your family and recovering. You owe it to yourself.
Ontario Accident Benefits Caregiver Benefits
Ontario Car Insurance Claims and Accident Benefits. Who can access Ontario benefits?
- Income Replacement: Just like it says…the income replacement benefit compensates for lost income/wages.
- Non-earner benefit: The non-earner benefit applies when you are unable to carry on a “normal life” and do not qualify for either an Income Replacement benefit or Caregiver benefit.
- Caregiver benefits: Compensation for expenses incurred when a member of your home needs care and someone is hired to care for them because you no longer can.
- Medical benefits: Covers medical expenses that occurred as a result of the injury.
- Rehabilitation benefits: Covers rehabilitation expenses incurred as a result of an injury.
- Attendant Care benefits: Covers some of the expense incurred by hiring an aide or attendant.
- Compensation for Other Expenses: These accident benefits pay for some expenses such as monies put out by family members costs in being with you during visitation and recovery. Often times some housekeeping and home maintenance is also covered , as well as lost or damaged articles during accident. ie: computer in car etc…
- Death benefits: Family members may collect this accident benefit on behalf of a deceased family member.
- Funeral benefits: These accident benefits help cover funeral expenses.
There are many more Ontario accident benefits available to Ontario drivers. If you are unsure of whether or not you are receiving everything you are entitled to from your Ontario insurance company, it is best you consult with an Ontario injury lawyer. We meet daily with people and walk them through their best options. Often times all they need is a little advice. Unfortunately most insurance companies will not tell you unless you ask and most people don’t know what to ask for. We know Ontario accident benefits inside and out we have experienced staff who specialize in Ontario accident benefits. We can help.
Ottawa Insurance Claims Lawyers David Hollingsworth
Is everyone entitled to an insurance claim?
Yes, any person injured in an automobile accident in Ontario can make an insurance claim. This includes claim their relatives and/or dependents.
Are there any restrictions on making an insurance claim in Ontario?
There are some limitations to their insurance claim if one has broken the law during the accident in Ontario. If this is the case, they cannot receive income replacement benefits, visitors expenses, non-earner benefits, lost education expenses, expenses of visitors and the housekeeping and home maintenance benefits.
What happens if the injured does not have insurance ?
The person injured may claim these benefits from their own insurance company. If they do not have an insurance company, they can claim it at the driver at-fault’s insurance company. If none of the persons involved have insurance, the claim can be made through the Motor Vehicle Accident Claims Fund.
Who can help me with my insurance claim?
Regardless if you have been at fault or not or have insurance or not, we can help you. There are options. We understand the stress you are going through and can help. Our Ottawa personal injury lawyers have been helping people with their insurance claims since 1999.
Contact one of our Ottawa lawyers for a free consultation and help with your Ontario accident benefits insurance claim.