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Bill 15: The Impact on Motor Vehicle Accident Victims and Personal Injury Litigation: Making the Victim Pay

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Bill 15: The Impact on Motor Vehicle Accident Victims and Personal Injury Litigation: Making the Victim Pay

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Bill 15, the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 (the “Act”), received Royal Assent on November 20, 2014. This legislation really has nothing to do with Fighting Fraud and only further reduces the legal entitlement to innocent accident victims.

The Bill provides amendments to several acts, including the Highway Traffic Act, the Insurance Act, the Financial Services Commission of Ontario Act, 1997, the Licence Appeal Tribunal Act, 1999 and the Motor Vehicle Accident Claims Act. The provincial government is intending to reduce automobile insurance premiums by 15% and hopes that this legislation will enable the reduction in premiums. The problem is that numerous governments, including the last Liberal majority government, have cut accident victims rights to decrease premiums only to find out that the insurance companies do not intend to cut the premiums to consumers.

As a law firm that has been practising in the personal injury area for decades, it is disheartening to continue to see auto benefits and legal rights be taken away and yet see no reduction in premiums. We do not believe that there will be a reduction in premiums with this new legislation, just a further erosion of the public’s rights and remedies.

The public do not understand what they are losing when the government cuts benefits and rights. They only realize this once they are involved in an accident and their accident lawyer tells them that they are no longer entitled to benefits and rights.

The new legislation will affect accident victims as follows:

  • Motor vehicle accident victims will no longer be able to commence a proceeding for accident benefits in the Ontario Superior Court of Justice;
  • Arbitrations, which are currently held before the Financial Services Commission of Ontario, will be held before the Licence Appeal Tribunal; and
  • Prejudgment interest rates for pain and suffering awards will be reduced from 5% to 1.3%.

The loss of the right to sue for accident benefits means that insurance companies will no longer be subject to a decision from judges after they have terminated benefits. Also, accident victims will not be entitled to appropriate costs to help pay legal fees and disbursements. Further, this loss of the right to sue will mean that an accident victim will have to file two proceedings, one in court and one at the Licence Appeal Tribunal, instead of one in a court of law. This will undoubtedly lead to inconsistent results as there will now be two decision makers.

Accident victims have also had their pockets picked. We have a system whereby those who are seriously injured are entitled to compensation for pain and suffering. In auto accidents, only those who have suffered a serious and permanent injury can sue for pain and suffering. That means that well over 90% of people injured in auto accidents do not have the right to sue for pain and suffering. This was implemented in the mid 1990’s when the insurance industry brought us the no fault system. In exchange for the loss of the right to sue accident victims were given no fault benefits. Since the 1990’s, these benefits have been severely scaled back, yet the rights of accident victims to sue for their injuries were never restored.

Now, to add further insult to injured people, the government is reducing the prejudgment interest rate on pain and suffering damages. This is taking money away from those who deserve it most; the most seriously injured victims. There is little doubt that the consumer will see any real reduction in auto premium as a direct result of the cuts set out in this legislation. Car accident victims have now been hurt again by our government and the insurance industry. When will we stop making the victim pay?

For more information, visit our motor vehicle accident lawyer section. If you have any questions, book a free consultation or call 1-855-446-7765 for immediate assistance.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
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My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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