Insurance and injury law is constantly changing through changes in the law, new judicial decisions, and changes in the political landscape. We believe that it is important for us as injury lawyers stay informed of these changes, so that we can better serve our clients. We also believe that it is important to share this information with accident victims and the general public, so that they can be better informed of their rights in the event of an accident.

Using other available benefits before using statutory accident benefits

By Laura Pearce

Using other available benefits before using statutory accident benefits
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In an earlier blog, we discussed how to request medical and rehabilitation benefits from your automobile insurance company if you have been injured in a car accident.

As you’re filling out your Application for Accident Benefits, you will have to indicate if you (or your spouse, or anyone you are dependent on) have any other benefit plan that covers you. Common “other” plans include a group or private health insurance policy. For example, you might have medical or dental coverage through your employer that provides payment for chiropractic therapy, physiotherapy, massage therapy, and/or assistive devices.

Your statutory accident benefits insurer is not required to pay you any medical or rehabilitation benefits if these expenses are payable through another available insurer. In fact, you must submit a claim to your “other” insurer(s) before submitting it to your automobile insurance company.

Some group or private insurers will not pay for medical or rehabilitation expenses related to an automobile accident, or they will only pay up to a certain amount. If this is the case for you, you would seek benefits through your automobile insurer. It is a good idea to keep a copy of the “denial” letter from your other insurer and to submit it to your automobile insurer along with your claim.

This article is not a substitute for legal advice. If you have any questions, please contact us at 519-946-4300.

“Giving notice” of your intention to sue a municipality

By Laura Pearce

“Giving notice” of your intention to sue a municipality
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In Ontario, a municipality is obligated to keep its roads and sidewalks safe for the public. If they neglect this duty and, as a result, somebody is injured on the unsafe road or sidewalk, the municipality may be held liable for the injured person’s damages.
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When your auto insurer refuses to pay benefits

When your auto insurer refuses to pay benefits
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Unfortunately, many a person injured in a motor vehicle accident is familiar with at least one denial of statutory accident benefits (“SABs”).

If you have requested benefits from your insurer following an automobile accident, has your adjuster refused to pay benefits for medical or rehabilitation treatment recommended by your physiotherapist or other health care provider? Do you think that your income replacement benefits (“IRB”) or non-earner benefits (“NEB”) have been wrongly terminated?
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How to Request Medical & Rehabilitation Benefits From Your Insurance Company

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If you have been hurt in an automobile accident and need medical and rehabilitation statutory accident benefits (“SABs”), this blog will help you understand how to ask your insurance company for benefits; what your insurance company considers when deciding whether or not to pay benefits; and what to do if your insurance company refuses to pay certain medical and rehabilitation benefits.
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Housekeeping and Home Maintenance Statutory Accident Benefits

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By Laura Pearce

 

Our recent blogs have addressed various automobile insurance benefits known as Statutory Accident Benefits. Some of these benefits, often called “SABs” for short, can provide an injured insured person with weekly financial assistance and coverage for expenses related to medical, rehabilitation, and attendant care needs.
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Medical, Rehabilitation and Attendant Care Benefits

Medical, Rehabilitation and Attendant Care Benefits
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By Laura Pearce

If you are hurt in an automobile accident you are entitled to request the payment of certain benefits from your own automobile insurance company, whether or not you were at fault for the accident. These benefits are called Statutory Accident Benefits, or “SABs” for short. They are also commonly referred to as “no-fault” benefits because their payment does not depend on who was at fault for the accident.
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