Motor Vehicle Litigation: Accident Benefits
In Ontario, victims of motor vehicle accidents obtain accident benefits through their own insurer. The insurance legislation obligates both the insurer, and the insured person(s) to act in good faith when dealing with each other. The system is designed to provide for the ready payment of benefits in an expeditious manner. Deadlines, bilateral obligations and the requirement of timely responses are the mechanisms put in place to provide for the fair and just settlement of disputes.
However, poor communication, withheld information, adjuster inexperience, unreasonable actions, missed limitation periods and unfair business practices can all lead to friction between an insurance company and the insured person. Unfortunately, claimants frequently become involved in the dispute resolution process. This includes mediation, arbitration and litigation. Mediation and arbitration are frequently done through the Financial Services Commission of Ontario (FSCO).
The legal team at Gluckstein & Associates LLP has literally taken hundreds of cases through this forum. We resolve issues that include the interpretation of the Statutory Accident Benefits Schedule, limitation periods, dealings with Designated Assessment Centres, accessing timely and complete medical assessments, and finding appropriate rehabilitation programs. Our firm specializes in litigation, mediation, arbitration and other forms of alternate dispute resolution in order to ensure that our client's rights are protected.
Our firm is also familiar with the processes and procedures under the Motor Vehicle Accident Claims Fund (MVACF). The MVACF provides compensation for personal injury or property damage to victims involved with uninsured, unidentified drivers as well as accidents involving stolen vehicles. It is a payer of last resort with respect to compensation to injured persons where no automobile insurance exists to respond to a claim.
If you or a loved one have been injured...
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Please call 416.408.4252 or, toll free 1.866.308.7722
