Accident benefits are your entitlement from your own insurer when you are injured in a motor vehicle accident. Unfortunately, the system is a nightmare and is designed to benefit insurance companies by allowing them to withhold benefits for a variety of reasons and to restrict payment.
The Court of Appeal for Ontario is alive to the problems with the system and has released a number of decisions recently which help in some measure to restore elements of fairness to Ontario’s Accident Benefits system but there is still much that needs to be done.
Hopefully, future Ontario governments will right these wrongs and resist being so easily manipulated by insurers. Until then all we can do is our best to make sure you receive what limited and inadequate benefits are available when you are injured, in need of care and at your most vulnerable.
Anyone that has been involved in an accident has plenty of things that they need to worry about. They need to make sure that they get the medical care for any injurious that are suffered. They need to repair any property that has been damaged. They also need to get over the emotional difficulties involved in an accident.
The one thing that a victim in an accident does not want to have to worry about is getting fairly compensated for the accident they have been involved in. The hope of the victims is that they will be treated fairly by the insurance companies and by the other individuals involved. This is what people hope for, but it is not always what happens and this is what leads to accident benefit disputes.
The Ontario government has recognized the importance of trying to make sure that victims of an accident are compensated as quickly as possible. Unfortunately, by doing this they have also caused instances where the victims did not get all of the money they deserve and that they need.
A victim of an accident can simply accept what they receive in the form of compensation, but this is not the right thing to do. Instead, they need to use the legal process to dispute the benefits that they have received. The process to dispute any benefits that have been offered is not simple. It requires a team of experienced people to make sure that the process is handled properly.
The dispute process involves mediation and arbitration. The methods that are used in this process include:
- Board and tribunal hearings
- Court proceedings
In order to successfully navigate this process, a litigation management plan has to be developed and enacted. That requires the help of an experienced legal team like the one that we offer.
Our offices will help develop the plan that will work to achieve two goals for the victim of an accident.
- Getting all of the compensation that a person deserves and needs
- Getting the money as quickly as possible into the hands of the victim
In order to do this, our team will gather all of the necessary documents including the appropriate medical and financial records to prove the case for the individual. We will take the process through the steps that are required to get the appropriate resolution in a timely fashion.
Insurance companies have their own team of lawyers that will work hard to protect the insurance company from paying more than they have to. When it comes to accident benefit
disputes, it is important that an individual has an advocate that will fight on their side. Make sure the advocate you choose has the tools that are needed to take on the other side. Without that ability, the results of accident benefit disputes may not be in your favor.
When you turn to our offices for help, you no longer have to worry about getting the money that you deserve. Our accident benefit disputes team will take care of that and allow the victim of an accident to concentrate on the more important issue of recovering from the accident.