Posts Tagged ‘ threshold test

ONTARIO’S AUTO LOTTO: DON’T EXPECT AN EASY JACKPOT FOR PAIN AND SUFFERING

 

 

Today in Ontario, it is more difficult than ever to pursue a claim for damages following a motor vehicle accident.

I have spoken with other experienced injury lawyers who have agreed with me that if they could start fresh in law, they wouldn’t choose personal injury as their primary area of practice.

So why is it so difficult to advance a claim these days?

For one, the insurance legislation has been very unfavourable towards accident victims. To be entitled to money for ‘pain and suffering’, the test to meet requires the claimant to prove a serious impairment of an important physical, mental or psychological function” a.k.a. the “threshold test”. This test does NOT have to be met in injury cases other than car accidents. It is no wonder why insurers are all over this “threshold test” in auto claims and often take the view that “threshold will not be met”. This piece of legislation is a true gift from the politician gods to the insurers.

This gift comes with another little benefit called the “deductible”. This can be thought of as the beautiful red ribbon tied around the gift holding it all together. The deductible is the amount that gets deducted from any pain and suffering award under $100,000.00 and increases with inflation, which would make it approximately $37,000.00 today. So, in other words, if a claimant is so lucky enough to meet threshold, whatever they are awarded under $100,000.00 is subject to a deductible of $37,000.00. This means that if you’re awarded less than $37,000.00 for pain and suffering, you get ZERO.

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Car Accident Victims in Ontario Face Legal Hurdles After Their Injuries

The summer has officially arrived.  Along with the arrival of summer comes the thrill of driving; the long weekends; the cold beers; and of course lots of tragic car accidents. Who will sustain “permanent and serious impairment of an important physical, mental or psychological function or sustain permanent serious disfigurement” and be entitled to general damages for pain and suffering? The answer to this question is dependent on how the Ontario courts apply what has become known as the “Threshold Test.” Read more