Motor Vehicle Accidents

In 1886 Karl Benz filed the first patent for an automobile, the Benz Patent-Motorwagen. It is the greatest mechanical invention of the 19th century. It has shaped our cities and culture, and shrunken our world.

With the tremendous benefits provided by the automobile, also come the profound consequences: injuries and death by collision. According to the 2010 Canadian Motor Vehicle Traffic Collision Statistics, published by Transport Canada, in that year 2,277 Canadians died because of an automobile accident and 11,226 people were seriously injured.

Because of the complex relationship we have with automobiles, the system of compensation in Ontario is equally complex. In Ontario, regardless of who is at fault, accident benefits, are available to you through your own insurer, including: income replacement benefits, attendant care benefits, medical and rehabilitation benefits, and non-earner benefits. Each benefit has its own qualifying test, means to quantify, and duration. Different benefits are available to different people depending on the options purchased on their insurance policy. Disputes may be resolved through trial or arbitration.

In 2010 – 2,277 Canadians died because of an automobile accident and 11,226 people were seriously injured

Additionally, the at-fault driver’s insurer may be responsible for compensating of your pain and suffering, loss of income, future health care expenses, housekeeping costs and other losses in excess of the amounts paid out through accident benefits.

However, the Ontario government imposes a $30,000 deductible to be surpassed for pain and suffering, and it requires that the plaintiff ‘s injuries to cross what is called “the threshold” of being both permanent and serious.

At BolandHowe, we have successfully taken cases to trial where the defendant raises the threshold.

MacDonald v. Talaba (defendant’s offer: $10K. Jury verdict: $356,020)
Copeland v. Knox (defendant’s offer: $37,360. Jury verdict: $161,591.34)
Cockburn v Holmes (defendant’s offer: $0k. Jury verdict, $420,000) – threshold abandoned mid trial

TRAIL: In one trial, we found a creative way to avoid the threshold all together for a snowbird couple injured in Florida who sued in Ontario. Green v. State Farm Mutual Insurance Co. [2009] O.J. No. 2712

We’d like to help with your recovery and future.

Contact Us1-844-837-6583

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