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Accident Victims – Know Your Rights Under The Sabs

If you have been injured in

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a motor vehicle accident in Ontario, then you are not alone. Thousands of drivers, passengers, motor-cyclists, cyclists and pedestrians are injured in an accidents each year. Often times accident victims do not know their legal rights and have difficulty with their insurer when filing their claim for Statutory Accident Benefits. Many accident claims are denied because the injured victim did not follow the rules and regulations when filing an accident claim. Almost every person is entitled to accident benefits if they have been injured in a car accident.

As an accident victim you may have more than one policy that will cover your claim for accident benefits in the event that you were injured in a vehicle accident. What is important to know however is that you will lose your right to claim accident benefits if you were breaking the law. This means that you will not be entitled to receive benefits for lost wages, non-earner benefits, lost education expenses, visitors expenses and housekeeping and home maintenance benefits if at the time of the vehicle collision you:

wefundcase 1) Drove without a valid driver’s license; 2) Knew or should have known that you were driving the vehicle without the owner’s consent; 3) Whilst a passenger, knew or should have known that the driver of the vehicle did not obtain the owner’s consent to drive his/her vehicle; 4) Drove the vehicle without a valid policy of insurance; 5) Drove the vehicle whilst under the influence of intoxicating alcohol or drugs and refuse to consent to a breath sample; 6) Drove the vehicle in order to commit a crime; 7) Knowing provided false and misleading information to your insurer when applying for a policy for auto insurance.

What Accident Benefits Am I Entitled To?

Under the Ontario’s standard auto insurance policy insured persons are entitled to accident benefits irrespective of who was at fault for the accident. The SABS, (Statutory Accident Benefits) was promulgated under Ontario’s Insurance Act to provide coverage to accidents victims who were injured as a result of a motor-vehicle collision. In addition to the standard auto insurance policy, an insured person can obtain addition coverage for benefits that are not covered in the standard auto insurance policy, for example, housekeeping and home maintenance benefits. Before you file a claim for accidents benefits with your insurance company, make sure you are familiar with which type of policy you have purchased. You may want to speak to our personal injury lawyers for a free consultation regarding your rights and obligations under the policy of insurance.

Income Replacement Benefits

If you have been injured in a motor-vehicle accident and have suffered injuries which prevent you from engaging in your employment, you may be eligible for income replacement benefits to compensate you for the wages you lose because of your disability caused by the motor-vehicle accident. If you have suffered an injury our motor vehicle accident lawyers will be happy to provide a free consultation with regards to accessing your income replacement benefit as soon as possible.

Non-Earner Benefits

If you were not working at the time of the accident and if your injuries were the direct cause of your disability which results in a complete inability for you to carry on all your pre-accident activities of normal living, you will be entitled to compensation as a non-earner with the help of disability claims lawyers.

Caregiver Benefit

If at the time of the car accident you were the primary caregiver and as a direct result of the accident you now suffer from a complete inability to carry on your care giving duties, you will be entitle to caregiver benefits.

Medical And Rehabilitation Benefits

Car accidents can be devastating no matter how minor your injuries. It is comforting to know that accident victims who suffer from minor injuries are still entitled to medical and rehabilitation benefits. If you have been the victim of a car accident you will be entitled to payment for your reasonable and necessary medical and rehabilitation expenses that is not covered by OHIP or any other medical insurance. Unfortunately the recent amendments to the SABS has capped medical and rehabilitation benefits for minor injuries to $3500, 00. (Within the MIG). For injuries that are more serious, (but not catastrophic) accident victims are entitled to coverage of up to $50 000, 00. (Out of the MIG). This amount includes the costs of all medical assessments and examination that is incurred by the injured victim. Our lawyers are not happy with the changes as they limit the benefits available to accident victims that are genuinely and seriously injured in a car accident. Whether your injuries are minor, serious or catastrophic, our lawyers are available to provide you with a free consultation to discuss your rights. We have one of the best medical and rehabilitation experts to support your entitlement to benefits.

Attendant Care Benefits

Unfortunately some accident victims suffer serious injuries as a result of car accident. As a result they are unable to perform their personal care activities, such as, bathing, grooming, dressing and undressing, feeding etc. It is recommended that an occupational therapy in-home assessment be done as soon as possible after a serious motor vehicle accident to assess the monthly attendant care needs. In a non-catastrophic case you are entitled to attendant care benefits of up to $3000, 00 per month. In a catastrophic case you are entitled to an amount of up to $6000, 00 per month. Because the regulations keep changing from time to time, we recommend that you speak to our serious personal injury lawyers for a free consultation about your entitlement to attendant care benefits as well as other benefits under the SABS. We have a team of medical and rehabilitation experts who will be able to properly assess your entitlement to these benefits if you have suffered from serious injuries.

With the new changes to the SABS we are convinced that the insurance industry has penalized accident victims who have been seriously injured in a motor-vehicle accident. Now more than ever persons who have been injured in a car accident need to realize that it is imperative that they hire the right

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personal lawyer to fight the insurance industry. There will be a great deal of litigation and arbitration decisions surrounding the new legislative changes. The new changes has certainly impacted negatively on accident victims and our trial lawyers are ready to take a deserving case to trial to ensure that justice is done. Talk to our personal injury lawyers directly by calling us TOLL FREE: 1 844 495 7333.

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About singh barristers

Brampton Personal Injury Lawyer Priashna Singh believes that when you have been injured in a motor vehicle accident, hiring a personal injury lawyer in Brampton is the right choice to make. Injury claims lawyer in Brampton is ready to serve you right at your doorstep,

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so there is no need to travel all the way to Toronto. Accident claims are reported to the insurance company and they get involved right away, gathering evidence, interviewing witnesses, setting up surveillance and determining whether you were at fault or not at fault.

LARGE PERSONAL INJURY AWARDS IN CANADA

SANDHU v. WELLINGTON PLACE APARTMENTS In 2008 judgment was awarded to Harvinder Sandhu in the amount of $17,038.586.37 as a result of severe brain injuries he suffered when he fell through a damaged window of a five – storey apartment building.

The landlord, Wellington Place Apartments, were found , by a jury to be 90 per cent liable for the fall and subsequent injuries, while Harvinder’s parents were to be found 10 per cent liable.

At the time of his fall he was two years old. When he fell he landed on hard concrete pavement. As a result of the fall he suffered a severe permanent frontal lobe brain injury as well as multiple fractures.

Experts testified at trial on behalf of the Sandus that because of his injuries, Harvinder would be expected to function at the level of a 12 year old for the rest of his life. He would also require care round the clock, 24 hours.

MARCOCCIA V GILL, PURBA FURNITURE LTD. AND FORD CREDIT CANADA LTD.

Marcoccia, who was found by a jury to be 39 per cent at fault and Gill 61 per cent at fault, was still awarded damages in the sum of $16.9 million in 2009.

Bhupinder Singh Gill had entered the intersection of Rexdale and Humberwood boulevards in Toronto while the light was amber began his left turn when the light turned red. He was found to be only 61 per cent at fault because he failed to ensure that his left turn could be made safely.

Robert Marcoccia collided with the oncoming furniture truck driven by Bhupinder Singh Gill while Gill attempted to make his left turn.Robert was 20 years old at the time and had just finished Grade 12. As a result of the collision Robert had sustained severe brain injuries.

His injuries impacted his social skill, emotions, and his ability to anticipate the consequences of his actions among other things. As a result of the injuries to his frontal and temporal lobes of his brain, he would not be able to return to any sort of employment in the future and he would also require care and supervision 24 hours a day, seven days a week.

KATHERINE PAIGE MacNeil V BRYAN

Ontario Superior Court Judge Peter Howden, awarded Katherine MacNeil millions in damages, as a result of injuries sustained in a motor vehicle accident on August 2, 2002.

Katherine-Paige MacNeil, who was 15 years old at the time of the accident, was a back seat passenger in a motor vehicle driven by 16 year old Trevor Bryan and owned by his grandmother, Delores DeKoning.

The vehicle driven by Trevor was travelling northbound, when he ran a stop sign on a rural road in Adjala-Tosorontio Township, northwest of Toronto.The vehicle then went over part of the road, then smashed into a ditch and came to rest in a nearby field.

Katherine-Paige suffered a catastrophic injury, which included a fracture to her skull and other multiple, permanent brain injuries.

GORDON & MORRISON V. GREIG

In 2008 Derek Gordon was awarded $11.37 million and Ryan Morrision $12.33 million.

The accident occurred when Derek Gordon and Ryan Morrison were passengers in a pick up truck that was being driven by Corey Greig. Greig was travelling at a high speed, when he swerved to avoid an oncoming car and lost control of his vehicle. The pickup left the road, rolled over and both Morrison and Gordon, were ejected out of the truck and thrown into a ditch.

Both Gordon and Morrison suffered severe injuries. Gordon had sustained a serious catastrophic brain injury and Morrison had sustained a spinal cord injury, which left him a paraplegic.

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total damages of almost $24 million, awarded to Gordon and Morrison in the Ontario Superior Court by Judge Bruce Glass included loss of past and future income, cost of attendant care and future care, housing costs, and general and special damages, minus a deduction for contributory negligence because both Gordon and Morrison did not wear a seatbelt.