The latest news is that the Financial Services Commission of Ontario, or FSCO, has managed to put all attempts to settle no fault auto insurance accident benefit claims ON HOLD!

How? Well, it seems their own Arbitrator recently ruled their own settlement release forms or Settlement Disclosure Notices are not enough to fully settle a claim. This came to the attention of my office, John M. Farant, Personal Injury Lawyer, Kingston, only last Friday, barely 4 days after the decision.

The result? FSCO is going to have to redo the form and in the meantime has ordered ALL auto insurance companies to suspend even discussion of settlement until they have published the new form. Amazingly, the insurance companies have gone along, to the inconvenience and discomfort of their clients, the insured accident victims making claims.

But, this sad story carries an even more important moral for automobile insurance claimants: Don’t even try to manage these claims without the advice and help and support of a lawyer. What you may have “settled on” for a claim may not be what you think it is or even a real settlement, depending on the forms and releases you use.

IF THE ENTIRE INSURANCE INDUSTRY, THEIR LAWYERS AND THE GOVERNMENT AGENCY THAT IS SUPPOSED TO REGULATE ALL OF THIS CAN FOUL UP SOMETHING AS BASIC AS A RELEASE FORM, YOU, TOO, NEED PROPER INDEPENDENT LEGAL ADVICE BEFORE YOU SETTLE ANY AUTO INSURANCE CLAIM OR MAKE ANY OTHER DECISION IN THIS VERY COMPLEX AREA OF INSURANCE LAW!

Always get legal advice before you make any settlement.

John M. Farant, Personal Injury Lawyer, Kingston, is ready to help.

Do you have a claim with your Auto insurance Company for Accident Benefits? Are you in a dispute with them over your benefits? Do you have an application to mediate a dispute with your auto insurance company?

Have you noticed it’s taking a long time for that mediation to be scheduled let alone held? Well, sadly, so were many other claimants. The backlog for mediations to be held by the government agency in charge, the Financial Services Commission of Ontario was at least a year. And you had to have that mediation before you could sue. JOHN M FARANT PERSONAL INJURY LAWYER KINGSTON ONTARIO HAS SOME USEFUL NEWS FOR YOU!

This was the situation…Until the Cornie and Security National Insurance case in February, 2012. That case was decided by the Superior Court of Justice of Ontario. It decided that, because the regulations of the Insurance Act require a mediation to be held in 60 DAYS, if that does not happen the claimant can sue as if the mediation were held.

The result is that many who left waiting and waiting need not wait anymore for JUSTICE. They can now start a lawsuit against the insurance company without a mediation if the 60 days go by. Also, mediations have started to be scheduled a little quicker.

If you have a no fault auto insurance claim that’s taking too long or a FSCO mediation that is taking too long to set up, or you just want more information about what the Cornie case and others might mean to your claim, call, email or write me,

JOHN M FARANT PERSONAL INJURY LAWYER KINGSTON, ONTARIO

If you are trying to claim disability insurance through your Long Term Disability (LTD) insurance company, it’s important to know what your rights are. For example, after, say, two years of receiving what is sometimes called “Long term Short term” disability insurance, you may be told by your insurance company you do not qualify after two years as you can do some kind of work (as opposed to the first 2 years which is usually based on your previous job).

Sometimes the LTD company will specifically say that that work is,”any occupation for which you are qualifed by age, training or experience”, or similar such language. Further, the LTD company may say that, as you may be able to do some sort of work they have identified for you (often, very lowpaying or menial work such as gas station attendant, telemarketer, or other customer service ), then you no longer qualify for benefits.

This is not always true. Many applicants for LTD have been able to prove they qualified even though they could do some sort of work. My favourite example is of a dentist who was told by his LTD company that he could be a lawyer. The court agreed with him that, as he was not INTERESTED in being a lawyer, the dentist was disabled and he won his benefits.

Always read a denial letter from an LTD company very carefully. Do not accept their denial until you have consulted with a lawyer. I CAN HELP ANSWER YOUR QUESTIONS ABOUT LONG TERM DISABILITY INSURANCE.

Please follow the link for more information.

JOHN M. FARANT, PERSONAL INJURY LAWYER, KINGSTON, ONTARIO

If you are involved with any sort of personal injury, disability or accident-related claim with an insurance company, it is usually a good idea to keep notes. This way, if you are drawn into a lawsuit over your claim later, you will have a record of your injuries, damages and other impacts on your life caused by the accident or health problem.

Further, if, as is too often the case, you are under surveillance by the insurance company, notes can help explain credibly your activities. For instance, if you happened one day to decide to take out the garbage because no one else was available to help and despite your limitations, you can note those circumstances and more importantly, show how it impacted you (e.g. – I was on the couch all day after that in agony.).

Thus, if later in the lawsuit, the insurance lawyer confronts you as to why his investigator filmed you doing something that your injuries are supposed to forbid, you have a readymade note to explain in a way that devalues the surveillance. Further, it shows you to be a person who does not pretend to be a complete “loss” and tries to do things for themself.

Notes like this can be boring work but they can pay off in the long run. Use code if it helps. In the meantime, always consult with a lawyer about how to manage any insurance claim. I CAN HELP!

JOHN M. FARANT, PERSONAL INJURY LAWYER, KINGSTON, ONTARIO

For instance, the new limits on health care benefits are $50000 instead of $100000 as of last September, 2010. Many worry where they will get the benefits when they run out, as even  the so-called “minor injury” matters (limited to $3500) always do. This is especially scary to personal injury clients in MVA’s who need assessment, as those costs are included in the maximums!

The answer may be to seek damages from the at fault driver. His insurance must cover those extra health costs, provided you have a permanent and serious injury. And the threshold for proving you have such an injury is surprisingly low so that even soft tissue injuries often pass muster.

For example, in a recent case,  a person with soft tissue injuries was able to prove they had a permanent and serious impairment, even though they were promoted at work. Chronic pain has also been recognized as passing the test. IT’S ALWAYS BEST TO  CONTACT A LAWYER BEFORE DECIDING WHETHER TO SUE IN AN MVA.  I CAN HELP.

JOHN M. FARANT, PERSONAL INJURY LAWYER, KINGSTON.

However, there are a number of exceptions. The most important is discoverability, or whether you knew all the elements needed to form a cause of action or lawsuit, such as the person doing the damage to you, what happened to you and when, and the damages done. Further, the Act says that the limitation does not run until you know that suing is an appropriate step.

For those of  you involved in a car accident it gets more complicated. For example, you need to show you have permanent and serious injuries to sue for general damages for pain and suffering in a car accident. The courts have said that therefore, it is not fair for your limitation to start running until you ”discovered” or ought to have discoovered  that you have such injuries. The Act broadly confirms that idea as well.

So, in short, if you were told you were too late to sue for any type of claim, ask questions of the “teller” about the Limitations Act, study the facts of your own case in light of it, and ALWAYS CONTACT A LAWYER. AS A PERSONAL INJURY LAWYER IN KINGSTON, I’M ABLE TO ANSWER YOUR QUESTIONS ABOUT THIS OR ANY OTHER RELATED ISSUE.

Anyone who is applying for the CPP Disability Benefit should remember to read any decision by the government (HRDC) to deny the benefit very carefully. In Particular, be on the lookout for a denial that says that you do not qualify as you can do some sort of work. Commonly, the letter tries to suggest that one has to prove they cannot do “any work” to get the benefit. That is false. The legislation is clear. You must show you have a severe and prolonged disability such that you cannot do any “substantially gainful” occupation.

That is, if you can do very basic lowpaying jobs like gas station attendant, Walmart greeter or telemarketing, you may still qualify for the benefit. In one case, a casual postal worker won the benefit for example.

You may need a lawyer to help you understand this distinction. DON’T FORGET! THE TIME FOR APPEALING THESE DECISIONS IS 90 DAYS.

 THIS IS A VERY IMPORTANT DIFFERENCE. DO NOT LET THE GOVERNMENT CONFUSE YOU WITH INACCURATE OR  ONLY PARTIAL  INFORMATION.  If you have received a letter like that from the federal government’s Human Resources Department, call a lawyer. I am always here to answer any questions you have about any aspect of the CPP Disability Benefit.