Car Accident

Published on: June 24, 2015

Insurer Medical Examinations in the context of your Injury or Disability Case: But Do I really have to attend? (Ontario)

You’ve been injured in a car accident, or you’ve made a claim for Long Term Disability Benefits.

Benefits have not yet been paid. The insurance is giving you a tough time. They’re treating you like you’ve done something wrong; when all you’ve done is been in the wrong place at the wrong time resulting in serious injuries. All you want are the benefits you need to help you get better, and make ends meet. After all, isn’t that what insurance is for? Isn’t that why you’ve paid mountains of money in premiums all of these years.

You receive a notice in the mail from your insurer. They want you to attend an IME (Independent Medical Examination) with some doctor or therapist who you’ve never heard of, in a strip plaza or office tower that’s far away from home.

Transportation has been arranged, but the assessment is still going to take up a lot of your time.

You have yet to receive any benefits so why should you bother to attend? You don’t want some strange doctor or therapist touching you, or asking you all sorts of personal questions, and then reporting their findings to strangers at the insurance company. It all seems weird. And who’s paying for these examinations anyway? They aren’t covered by OHIP, and you know that doctors’ time isn’t cheap.

If the request for an IME is as a result of a car accident, unfortunately, the Insurance Act and the Statutory Accident Benefits Schedule (that’s the law dealing with car accident benefit claims) requires that you attend.

Here is an excerpt of the relevant section of the SABS:

Examination Required by Insurer

42. (1) For the purposes of assisting an insurer determine if an insured person is or continues to be entitled to a benefit under this Regulation for which an application is made, an insurer may, as often as is reasonably necessary, require an insured person to be examined under this section by one or more persons chosen by the insurer who are members of a health profession or are social workers or who have knowledge in vocational rehabilitation. O. Reg. 546/05, s. 21.

So, you’ve now read the law which basically requires your attendance at these examinations. Still..what happens if you just don’t go? Read on and we will tell you!

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Published on: May 14, 2015

Tips for a Safe Long Weekend from a Personal Injury Lawyer (Ontario)

By Goldfinger Injury Lawyers

For many, this May long weekend marks the official beginning of spring/summer; depending on how you evaluate the temperature. After a very long, cold and windy winter, this May long weekend is a warm welcome; even if the temperatures aren’t “July in Windsor warm“.

As an accident lawyer, our firm has seen many cases over the years, which have stemmed from negligence or bad decisions over long weekends.

With this edition of the Toronto Injury Lawyer Blog, we wanted to give you some safety tips; do’s and dont’s; to make sure that this May long weekend is a pleasant and safe one, for you, your family and those around you.

1. Don’t drink and drive. Whether it’s a car, motorcycle, ATV, E-bike, Sea-doo, or a boat; alcohol and motor engines don’t mix. I can’t begin to tell you about the spike in calls that our law firm receives following long weekends with respect to alcohol related injuries, or drunk driving accidents. When you drink, your judgement is impaired. So is your co-ordination. Getting behind the wheel of a motor vehicle after drinking not only puts your own life at risk, but also the lives of your passengers and other motorists with whom you’re sharing the road or waterway. We all have seen the public service advertisements from such groups as Mothers Against Drunk Driving, or Ontario Students Against Impaired Driving. Driving drunk is ALWAYS a bad decision whereby you’re putting somebody’s life at risk. The consequences can last forever so be smart about it.

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Published on: April 30, 2015

What to do immediately following your car accident (Ontario): The blitz

By Goldfinger Injury Lawyers

The time immediately following your car accident can me the most difficult time; and the most important time in terms of getting your case on to the right start.

There is a LOT of work to do immediately following your car accident. Lawyers know this. Insurance adjusters know this. Unfortunately, the general public doesn’t know this.

I can say with utmost certainty, that the amount of work required on behalf of accident victims and their families has gone up exponentially with the introduction of no-fault accident benefits in Ontario. This no fault accident benefit scheme was supposed to protect consumers (that means every day Ontario drivers like you and me).

In the beginning, I’m sure that it did. The system was not as complicated, not as adversarial, and did not have a myriad of forms or medical experts who focus on only in accident benefit claims. Nowadays, the system has more forms than you could ever possibly imagine; concentrated clinics and health care professionals who only handle treatment for car accident cases; along with a backlog of over 60,000 mediation and arbitration cases dealing specifically with accident benefits before the Financial Services Commission of Ontario (FSCO).

By completing one form incorrectly, you may be jeopardizing your case from the start. How so? Take the example of electing or FAILING TO ELECT for the proper benefit following your car accident. If you elect an Income Replacement Benefit, but you weren’t making any income before your accident, you may have been better off electing the Non-Earner Benefit. How do you make an Election? You have to complete the OCF-10 Election Form. If you aren’t a lawyer or somebody who works in the car insurance industry, you likely don’t have the foggiest idea about the variety of benefits available, how to claim those benefits, and what on earth to do with all of these forms. This is why the start of the case is such an important and difficult time. Getting your case off on the wrong foot can forever jeopardize an otherwise meritorious claim.

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Published on: March 17, 2015

The things juries aren’t told in car accident cases (Ontario)

By Goldfinger Injury Lawyers

Only 1% of car accident cases go to trial.

That means that 99% of car accident cases settle outside of the courtroom.

There are many advantages to settlement. Certainly of the settlement and the lack of appeal rights of the parties to the settlement come to mind. You control your own destiny in a settlement vs. the uncertainty of the trial process (and appeal process thereafter).

This is very important because if you win big at trial, there’s nothing stopping an insurance company from tying up the case for many more years through their appeal rights following a trial.

But I don’t want to focus on settlement in this edition of the Toronto Injury Lawyer Blog Post. What I would like to focus on is what happens when a case actually goes to trial, in front of a jury.

Jury trials need to be requested by one party or the other. They aren’t automatic. A party will file a Form 47A Jury Notice. Some cases (such as cases against a Municipality) forbid jury trials.
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Published on: March 12, 2015

The little things insurance companies look at in car accident cases (Ontario)

By Goldfinger Injury Lawyers

Clients frequently believe that because a car accident happened, and they’re not at fault, that they’re automatically entitled to compensation for pain and suffering.

That might have been the case in the 1960’s or 1970’s during the “auto-lotto“, but that’s certainly not the case in Ontario anymore.

Lawyers refer to those times as the “auto-lotto” because just being involved in a car accident, no matter how minor, likely resulted in some form of recovery for the Plaintiff.

The laws have changed dramatically, and because of these changes, insurers are looking to different factors in their assessments to claims.

Having over a decade of experience representing accident victims in helping them get the compensation they deserve, our lawyers have observed several trends which insurers look to in assessing the value to car accident claims. These little things aren’t things which people normally think of; but which insurers place a lot of weight on.

With this latest edition of the Toronto Injury Lawyer Blog, we will examine what those sometimes overlooked factors are which insurers place a lot of weight on; which people tend not to give much thought about.
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Published on: February 18, 2015

Special Guest Post by Personal Injury Lawyer Stephen Offenheim: His views on telling the truth in a car accident case

By Goldfinger Injury Lawyers

More often than you could possibly imagine, we here at Goldfinger Injury Lawyers are courted by other lawyers, professional bloggers, advertisers and spam services to post content, links etc. on the Toronto Injury Lawyer Blog.

We have never, and repeat NEVER caved. Only lawyers and other staff members of Goldfinger Law have ever posted on the Toronto Injury Lawyer Blog. All of our content is original, and is 100% Goldfinger Law. Can’t you tell? We have a certain style and panache which people have come to love.

Today is a momentous day. We are honoured to have a very special guest blogger to add his two cents on the field of personal injury law. We have allowed this lawyer to have his say on our blog because we certainly respect this lawyer’s ability, legal wit, and passion for the law.

Stephen Offenheim is a Toronto lawyer who has been practising on in the field since lord knows when. He is a seasoned litigator to say the least. Stephen has been an inspiration and has given me plenty of guidance over the years. It’s an honour to have his as the first ever guest poster on the Toronto Injury Lawyer Blog.

So, without further a due; here is the lawyer himself, Stephen Offenheim covering the topic why it’s important NOT TO LIE in your personal injury case. Enjoy!
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Published on: January 28, 2015

Typical questions you will need to answer in your car accident case (Ontario)

By Goldfinger Injury Lawyers

Every injury case is different. That’s because every person is different; every accident is different, every injury is different; and everyone’s pre and POST accident health is different.

But, there are many similarities to personal injury cases.

For starters, all car accidents will involve some sort of motor vehicle. Liability; the legal term to describe whose fault is the accident will be examined. The severity of the injuries will be examined. And, the cause of those injuries (causation) will be examined. The concept of damages will also have to be examined.

In order for lawyers, judges and juries to get answers to the above noted topics, they will all ask very similar questions to get the information they need to assess your case.

In this respect, many lawyers can predict and prepare our clients for the questions their clients will be asked during the course of their personal injury case.

And, it’s for those very same reasons that we here at the Toronto Injury Lawyer Blog will now provide you with a list of commonly asked questions of accident victims during the course of their case. We’ve picked some pretty obvious ones, and some not so obvious ones that you would never soon guess.
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Published on: January 13, 2015

Examination for Discovery in car accident cases: Understanding Undertakings, Refusals & Questions Taken Under Advisement (Ontario)

By Goldfinger Injury Lawyers

One of the most important, exhausting and difficult part of any car accident or personal injury case prior to trial is the Examination for Discovery process.

An examination for discovery in Canada, is akin to a deposition in the United States. The reason I make the comparison is because with the popularity of American legal dramas such as Law & Order, Suits and Boston Legal (May you Rest in Peace), more Canadians are familiar with the term “deposition” rather than “discovery“.

Here in Canada, we use the term “discovery” to describe the process whereby one lawyer, asks a party to the legal action questions under oath which are recorded by a Court reporter.

Examinations for Discovery can take place at a variety of locations. There are professional reporting offices across Ontario. They can take place in hotel conference rooms, board rooms, even in a quiet large restaurant; provided that the parties agree to the location and there is a reporter on site to get down every word that’s said during the discovery process.

During the examination for discovery, the opposing lawyer may ask questions which you may not have the answer to immediately, but it might be at home in your records, or the information may likely become available if requested at a later date.

The lawyer representing the client being examined, can then “undertake” to provide an answer to that question at a later date (within 60 days), or undertake to request and or produce the information requested. This is called an “undertaking“. These undertakings are very important to the legal process.
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Published on: December 10, 2014

How to complete the OCF-3 Disability Certificate following a car accident in Ontario

By Goldfinger Injury Lawyers

One of the most important, most complex, and trickiest claim forms to complete following a car accident is the OCF-3 Disability Certificate.

Never heard of an OCF-3 Disability Certificate? That’s ok. Most people haven’t heard of any of these “OCF” claim forms until after they’ve been involved in a car accident.

There are many purposes to the form. But, the primary and general purpose of the form is to let the insurer know what injuries you’ve sustained as a result of the car accident.

The OCF-3 is completed by two people. The first half is completed by the accident victim themself, a family member, a lawyer, a friend, or a loved one. The first part of the form asks some very basic information which you ought to have no problems completing (provided that you can read and write in English). If English is NOT your first language, or you have problems reading and writing, then it’s best to get somebody else to complete the form on your behalf.

You will be asked for your name, date of birth, address, telephone number, and the date of the car accident. The trickiest part of the top part of the form is completing the section which asks you to describe how the car accident happened, along with the injuries you’ve sustained.

The insurer will look back to this section, and cross reference it with the medical and police records they’ve gathered throughout the litigation process. If there are any significant discrepancies, then beware.

Example: You say in this part of the form that the car accident was a t-bone collision and that the at fault driver also fled the accident scene. As a result of the t-bone collision, you’ve sustained a fractured skull, and 3 broken ribs. But the police records show that this accident was actually a rear end collision, and that you didn’t break any bones whatsoever. This will be a big red flag for the insurer, so be careful how you complete this part of the form. It’s best to consult a lawyer before submitting it to the insurance company. I have seen many a defence counsel refer and rely on these forms and accident/injury descriptions to hurt the credibility of injured accident victims, so don’t underestimate the importance of how you complete this part of the OCF-3 Disability Certificate.
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Published on: December 3, 2014

Updated Winter Safety Tips for 2014/15 from Goldfinger Personal Injury Law

By Goldfinger Injury Lawyers

Last year around this time, our law firm published our top winter safety tips in the ever popular Toronto Injury Lawyer Blog. If you didn’t catch those tips, you can read about them here.

Environment Canada is predicting a milder winter, compared to las year.The’re predicting less snow, less ice, and much warmer temperatures vs. last year’s harsh winter.

But ask yourself. Do you really believe Environment Canada!?!?! I swear, when they predict sun, it rains. When they predict sunshine, it rains. You get the picture.

In any event, would such a prediction from Environment Canada stop you from getting you ready for another Ontario Winter?

So, without further a due, here are Goldfinger Injury Lawyers’s revised winter safety tips for the 2014/2015 winter season. The old tips we previously published are still good,but these tips add to the old.
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