Driver’s Questions
I was in an accident and was wondering how to deal with my personal injuries, and that of my fathers.
I was at a stop light with my dad as a passenger. I looked up at my rear view mirror and saw an SUV barreling towards me. I had no time to react; I could only brace myself before the crash.
My head hit the windshield resulting in additional injuries to my neck and back. My father received similar injuries, but his damages were more severe given his age of 78.
The car was a write off and I want to make sure that I receive the full extent of my Accident Benefits; for myself, my dad, for rehab, care giving, and so forth, allowed by my insurance policy.
I purchased the basic policy with no upgrades. What coverages and limits do my dad and I have access too?
Is there a deductible and if so is the deductible applied once, or do we each pay a deductible?
Additionally, I was thinking of seeking some legal advice. Will this be expensive?
In this instance would we both pay our own deductibles, or are both of us considered one case?
What’s the difference between a firm using paralegals and a firm using lawyers?
Also, the guy that hit us was texting on his cell phone. Can I sue him for pain and suffering, or would my insurance company sue him on my behalf? And if I can sue how much can I expect to get?
Answer
You and your father are entitled to Accident Benefits under your insurance policy.
You will need to contact your insurance company to get the Accident Benefit package, and your father will have to go through his own insurance company to receive the same. If your father doesn’t have insurance, then he’s entitled to claim under your insurance policy, as he was your passenger.
To ensure you get all the benefits, it is imperative you get that your claim is filed within 30 days, as stated in the Ontario insurance policy. Insurance policy conditions and coverages vary from province to province. It can be tricky to fill out these forms, so I’d suggest you speak to a legal representative before proceeding.
You and your dad would be handled as two separate claims. Your Accident Benefits will be treated separately by the insurance company depending on the situation. There’s no deductible when claiming for Accident Benefits.
You’re entitled to medical rehabilitation benefits for things like; chiropractic care, physiotherapy and massage therapy, up to $100,000 each.
If you and your dad cannot manage the household, you may be entitled to a housekeeping benefit of up to $100 per week.
If nursing or attendant care are required, you’re entitled up to $3,000 depending on the severity of the injury. This benefit is available if you’re not able to care for yourself for things ranging from washing your hair to taking your medications.
If you have to stay off work due to the accident you are entitled to income replacement benefits. These are calculated at 80% of your net income to a maximum of $400 per week. If your father is retired he may be entitled to a “Non-Earner Benefit” of $185 per week. However, this benefit is available only after 6 months and only if he is substantially disabled.
Your insurance company will not sue for your pain and suffering on your behalf. However, you are entitled to sue the ”at fault” driver for pain and suffering as well as future income loss, future housekeeping, medical rehabilitation and attendant care needs. You should hire a lawyer for this. If you decide to sue the “at fault” driver for pain and suffering . . . beware . . . there’s a “huge” deductible.
The deductible is $30,000 for pain and suffering for claims for under $100,000. The deductible is not required up front, but will be deducted upon settlement.
If your claim does not exceed $30,000 you shouldn’t pursue the claim as your recovery would be $0. Also, your injuries have to be substantial, permanent and disabling.
Since the introduction of this deductible, there have been many court decisions surrounding how it relates to such things as the severity of the injury and loss of future income. A lawyer would be in a better position to know if you can overcome this $30,000 deductible.
People are often not aware of this deductible, which was introduced by the government in 2003 in order to make it more difficult to sue the insurance company. People are shock when their “Pain and Suffering Suit” is awarded $45,000, but they only receive $15,000 due to the deductible.
Interestingly, if the suit for pain and suffering is over 100,000 there’s no deductible. So whoever said “less is more” is wrong when it comes to law suits.
The fact that the guy was using his cell phone will just help prove fault, otherwise known as liability. This will be irrelevant in your Accident Benefit claim. However, if you sue him your testimony regarding his “distracted driving” will help determine his fault.
The difference between lawyer and paralegals is simple. A paralegal cannot sue for your pain and suffering. They cannot commence any action against an insurer in Court. Paralegals can handle accident benefit files and claims in Small Claims Court.
There is an advantage to using a lawyer. They can assist both with your Accident Benefit’s claim and, at the same time, determine if there’s a case for pain suffering that will surpass the threshold of the deductible.
Legal advice for personal injuries may or may not be expensive depending if you have to pay up front or if you can find a firm that will work on a contingency basis.
Law firms such as Diamond and Diamond are paid on a contingency basis. This means that when your claim is settled, they’re paid base on a percentage of what you receive. This way there’s a big incentive for the firm to work hard at getting you the best possible outcome. Better yet, if you lose, you pay nothing.
The range for contingency is 25-30 % upon final settlement and 15 % on interim benefits. At the least I’d recommend you to get a free consultation as it can properly help you to determine the extent of your injuries and what you should be awarded.
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