Series. Legal. Victims and BOGOROCH

Transcription

1 BOGOROCH A A SS SS O O CC II A ATT EE SS LL LL PP LLAAW WYYEERRSS Legal Legal IINNFFOORRMMAT ATIIO ONNSeries Series WHAT WHAT TO TO DO DO IN IN CASE CASE OF OF A A CAR CAR ACCIDENT ACCIDENT Dedicated Dedicated Improvg Improvg Lives Lives Injured Injured Victims Victims Their Their Families Families BBO OG GO ORRO OCCH H AASSSSOOCCIIAATTEESS LLLLPP LLAAW WYYEERRSS Sun SunLife LifeFancial FancialTower Tower Kg KgStreet StreetWest, West,Suite Suite1901, 1901,Tor, Tor,Ontario OntarioM5H M5H1J9 1J9 Tel Tel(416) (416) Fax Fax(416) (416) Toll TollFree Free11(866) (866) fo@bogoroch.com fo@bogoroch.com Website: Website:bogoroch.com bogoroch.com

2 INVOLVEMENT IN AN AUTOMOBILE ACCIDENT IS A TRAUMATIC EVENT. Victims mor vehicle accidents face many difficulties. Not ly must y cope pround pa loss resultg from ir jury, but ten y ir families must navigate through a complex cfusg maze legal surance-related issues. At Bogoroch Associates LLP, we committed helpg through se difficult times by providg carg, compsiate effective legal representati. Never give, never give, never, never, never, never nothg great or small, large or petty never give except cvictis h good sense. SIR WINSTON CHURCHILL, BRITISH PRIME MINISTER Dedicated Improvg Lives Injured Victims Their Families FREQUENTLY ASKED QUESTIONS ( ANSWERS) Answers some comm questis from those volved aumobile accidents Q. What happens after I notify my surer accident? A. In additi fillg out returng claims forms by y surer required time frame, surance company will likely send an adjuster meet you discuss accident y juries. You do not have meet adjuster from y surer until you ly able, you under no obligati speak adjuster from at-fault pers s surance company. You may wish speak a yer prior meetg adjuster.

3 WHAT YOU NEED TO KNOW ABOUT AUTOMOBILE INSURANCE. E very aumobile surance policy ct mary accident benefits benefits coverage, established established Statury Statury coverage, Accident Schedule (SABS). If you have been jured a car accident, you may be entitled payment accordance SABS. The SABS have underge significant a significant changes September 1, 1, 2010, 2010, June chart 1, highlights The some chart highlights important some changes. important Any member changes. Any jured member pers s jured familypers s any family ir dependants any ir may be dependants entitled may receive be entitled benefits receive if benefits y suffer if y psychological suffer psychological or mental or jury mental jury a result a result accident. accident. It is not ly car psengers who covered by SABS, even pedestrians or cyclists jured by a vehicle may claim benefits. This coverage ly pays for losses not covered by a private surance policy or or employment employment benefit plan. If plan. If plans or plans policies or policies benefit cover ly cover part ly part expenses expenses curred, curred, car surer car surer may may pay pay balance. balance. TORT CLAIMS Bill 198, which ok effect Ocber 1, 2003, allows jured accident victims ir family members sue for ir damages losses a result a car accident. This claim, known a rt claim, entitles an jured victim sue for damages for: a) Pa sufferg b) Pt lost come c) Future lost come/ loss earng capacity d) Health c expenses/ future c costs Plee note, re time limits that must be adhered. As a general rule, suit must be filed ct 2 years date accident or right obta compensati will be elimated. Dedicated Improvg Lives Injured Victims Their Families Bogoroch Associates LLP will help you complete all forms order obta accident benefits. Q. What if sured pers is capacitated by ir jury? A. A pers may be appoted substitute decisimaker where victim s juries such that he or she is capable makg ir own decisis. Bogoroch Associates LLP will help guide you through this process. Q. If I caused accident can I still claim benefits? A. Yes. In Ontario we have what is called a nault system where an jured sured pers is entitled certa benefits under SABS, regardless fault. Q. When can my surer deny me benefits? A. Y surer is not required pay come replacement benefits n-earner benefits, amg s, where you were driver at time accident you:

4 OUR COMMITMENT TO YOU We provide a free itial csultati. We will wait get paid when y ce is ccluded. We provide you regular status reports y ce. We pay for parkg or reable transportati expenses for out-wn. We will arrange appotments for you leadg physicians experts required. dedicated staff over will ensure that y ce is hled compsi excellence. If you require an terpreter we will be happy provide e for you. Dedicated Improvg Lives Injured Victims Their Families (i) knew or ought have known that vehicle w not sured, (vii) were cvicted drivg a blood alcohol level exceedg legal limits, (ii) were not licensed drive, (viii) were cvicted failg provide a breath sample, or you: (iii) were an excluded driver under ctract surance for vehicle which you were drivg at time accident, (iv) ought have known that vehicle w beg driven out owner s csent, (v) were engaged commissi a crimal fence, (vi) were cvicted impaired drivg, (ix) misstated facts surer order obta mor vehicle surance, (x) were an occupant a vehicle, when you ought have known that vehicle w beg driven out owner s csent, or (xi) were an occupant an aumobile that w beg used cnecti a crimal fence.

5 10 TIPS: AFTER THE ACCIDENT The followg a series straightforward tips compiled by Bogoroch Associates LLP over many years experience protectg terests jured victims ir families: 1. Notify police. Ctact police report accident so possible. 2. Notify y surer. To claim statury accident benefits, you must notify y surer that you wish apply 7 days accident, or so after is feible csiderg y jury. 3. File benefit forms. Benefit applicati forms must be filed surer 30 days you receivg m. If y juries prevent you from filg requisite 30 day period, you must file forms so is reably possible. 4. Check for surance coverage. You may have coverage through y work, a private plan or sce. 5. D t delay. Any suit enforce payment benefits must be commenced 2 years from time surer refused pay benefit, ly after mediati h been attempted. 6. Keep copies all documents that relate y ce. This cludes copies y surance policies, repair estimates or appraisals, prescripti receipts, accident benefit pro claim forms, docrs notes, wage verificati forms, T-4 s etc. Dedicated Improvg Lives Injured Victims Their Families Q. When can surer sp payg my weekly benefits? A. The surer may require a certificate from a health practitier cg that you ctue suffer from a disability. The surer may sp payment weekly benefits after 10 days its request for a certificate where certificate is not. The surer may also require that you be evaluated by a health practitier surer s choice. The sessment report arisg from this examati must be surer, surer must n provide a copy report you 5 days. Q. How do I arrange for treatment my juries under SABS? A. You must file a treatment plan surer prior startg any treatment. It must be prepd by a health pressial signed by a health practitier. You may see y own health c specialist for this sessment.

6 7. Record out pocket expenses. Be sure reta receipts for expenses, however small, y necessary properly document y claim. 8. Document any witnesses. Record names, addresses telephe numbers any witnesses accident. 9. Document y juries/ cditi. Notify y family docr y jury reta all formati from docrs or health c providers who treat you regardg accident. 10. Csult a yer. Bogoroch Associates LLP encages you csult a yer who will help sess wher you have a suitable ce for litigati, extent y entitlement benefits compensati. Initial csultatis free. CONTACT US For furr formati, plee feel free For call furr Bogoroch formati, Associates plee feel free LLP at call Bogoroch or Associates ll free LLP at You or ll may free also ctact directly: You may also ctact directly: n Richard Bogoroch, Managg Partner n Richard Bogoroch, rborgoroch@bogoroch.com Managg Partner rborgoroch@bogoroch.com n Heidi Brown, Partner n Heidi Brown, hbrown@bogoroch.com Partner hbrown@bogoroch.com n Yi Silberman, Partner n Plee visit ysilberman@bogoroch.com website for a complete list yers. n Mahsa Dabirian, Partner mdabirian@bogoroch.com n Plee visit website for a complete list yers. THERE ARE IMPORTANT TIME LIMITS TO FILE APPLICATIONS FOR ACCIDENT BENEFITS OR TO FILE A CLAIM IN TORT FOR PERSONAL INJURY DAMAGES Dedicated Improvg Lives Injured Victims Their Families Q. Can my surer require me go ir docr or health c pressial? A. Yes. The surer may require that you attend an surer examati respect y claim for benefits determe y entitlement. Q. Do I really need a yer? A. A yer can help you sess wher you have a suitable ce for litigati, extent y entitlement benefits compensati. They can help protect y legal rights ensure that you get what you entitled. At Bogoroch Associates LLP traed staff will help you complete accident benefit forms guide you through this complicated difficult process.

7 UNDERSTANDING YOUR RIGHTS: THE LAW The legal system Ontario provides accident victims two possible sces compensati. Every aumobile surance policy ct mary accident benefits coverage, set out Statury Accident Schedule (SABS). If you have been jured a car accident, you, y family members those ACCIDENT BENEFIT CLAIMS: The Statury Accident Schedule provides no-fault benefits all all perss jured car car accidents regardless fault. Detailed chart chart below below some some types types benefits that that may may be be claimed by by any any accident victim Ontario under current Statury Accident Schedule. As September 1, 2010, substantial June 1, 2016, significant substantial changes significant were made changes were SABS. made The Chart SABS. below The outles Chart below benefits outles available benefits under available SABS. under SABS. BENEFIT DESCRIPTION BENEFIT PAYABLE: BENEFIT FOR ACCIDENTS PAYABLE BENEFIT PAYABLE: FOR ACCIDENTS COMMENTARY ON COMMENTARY FROM SEPT. 1, 2010 MAY 31, 2016 OR AFTER JUNE 1, 2016 Supplementary Supplementary Pays Pays for for jured jured victim s victim s reable N-cattrophic Maximum impairment: amount payable is N-cattrophic $50,000.00, or impairment: maximum Once victim s Mor cditi Injury is h described stabilized or a stra, two years Medical Medical reable expenses cludg expenses, cludg hospital maximum amount $1,000, payable is $50,000 if pers amount h a cattrophic payable is $65,000 (cludg have psed sce spra, accident, whiplh y disorder. may apply ir Rehabilitati Rehabilitati, nursg c, hospital etc. nursg (excludg attendant impairment. c benefits) However, for mor attendant juries c benefits) describedavailable for surer 5 for a determati Cattrophic that Impairment ir impairment is a severe is loss, c, Pays etc. for meures lessen effects available any for 10 years stra, if over spra, age 15 whiplh disorder years if $3, over age 18 is at time cattrophic, if cludg y not paraplegia, wise quadriplegia, deemed Pays disability, for meures enable lessen retegrati at time maximum. accident, wise accident, wise age 28. cattrophic. bldness, loss arm or leg, serious bra effects ir family, any disability, lab market society. age 25. Cattrophic impairment Cattrophic deals severe impairment: loss, maximum jury. enable retegrati ir family, lab market Cattrophic impairment: cludg maximum paraplegia, quadriplegia, amount bldness, payable is loss $1,000,000 (cludg amount payable arm is $1,000,000, or leg, serious bra juries. attendant c benefits). Once victim s cditi h stabilized or two years have psed sce society. available for life. Mor jury: maximum amount payable accident, y may apply ir surer Attendant Pays for cost providg an aide Mor or jury: maximum Maximum amount payable mthly is is $3,500. $3, a for a determati that ir impairment C attendant. payable is $3,500. maximum amount payable $36, unless is cattrophic, if y not wise Includes services an -home c attendant pers h a cattrophic impairment, n mthly deemed cattrophic. or a lg-term c facility. maximum is $6, a maximum payable Attendant C Pays for cost providg N-cattrophic $1,000, impairment: N-cattrophic impairment: maximum an aide or attendant. maximum mthly amount payable mthly amount payable is $3,000 Funeral Includes Insurer may services be required an pay funeral is $3,000 a Funeral maximum expenses amount a maximum a maximum $6, amount payable $65,000 Deceed must have died 180 days from day Death -home expenses. c attendant or a lgterm payable $36,000 Death for benefits up 2 - years $25,000.00(cludg survivg spouse. Ifrehabilitati accident, or, if deceed w ctuously Insurer c must facility. also pay death benefits. after accident. not married, $25, split benefits) equallyfor amg up 5 years if over age disabled 18 at a result accident, 156 weeks. Cattrophic impairment: dependants. maximum time accident, wise To age claim 28. death benefits, must have survived deceed by mthly amount Additial payable is $10, $6,000 every Cattrophic survivg impairment: dependant. maximum 30 days. a maximum If payable deceed w a dependant, mthly $10, amount payable is $6,000 $1,000,000. payable pers whom a maximum deceed payable w $1,000,000 dependent. (cludg rehabilitati benefits). Funeral Weekly Income Death Insurer Payable may durg be required period pay jured Funeral victim isexpenses Amount payable paid up for a maximum first 104 weeks $6,000. disability is Payable so lg Deceed sured must pers have died suffers from 180 days Replacement funeral sufferg expenses. a substantial ability perform Death benefits 70% $25,000 jured paid pers s survivg gross spouse. weekly If not come married, from $25,000 disability. split from day accident, or, if Insurer necessary must tks also pay employment. death equally amg dependants. employment, or $185.00, whichever is greater. Self-employed perss deceed may w be ctuously entitled. disabled benefits. Additial $10,000 After every first survivg 104 weeks, dependant. ly payable if victim a result accident, 156 weeks. If deceed suffers w a dependant, a complete $10,000 ability payable participate pers whom To claim death benefits, must have deceed w dependent. employment for which suited. survived deceed by 30 days. Amount payable not greater than $ per week, Weekly Income Payable durg period Amount payable is 70% jured pers s gross weekly come from employment, Payable so lg sured pers unless optial creed benefits were purched Replacement jured victim is sufferg or $185, whichever is greater, for first 104 weeks disability. suffers from disability. from surer. a substantial ability After first 104 weeks, ly payable if victim suffers a complete ability Self-employed perss may be entitled. perform necessary tks participate employment for which suited. Not payable for first week. N-Earner employment. Where victim w eir not workg Amount at payable Must is not suffer greater a complete than $400 ability per week, carry unless optial normal creed Payable benefits so lg sured pers suffers from time accident, or w school, were purched or life from a result surer. 104 weeks disability. had completed his/her educati year accident. N-Earner Where prior victim accident w eir w not employed Amount payable Not is $185 payable weekly. for first 26 weeks. Amount payable is $185 weekly. Payable for up 104 weeks, so lg not a workg job related time his/her educati. Not payable for Amount first 26 payable weeks. is $ Not weekly. payable for first 4 weeks. sured pers suffers a complete accident, or w school, Where disability Where lts for disability more than lts for more Payable than 104 after weeks, age 18 for a maximum ability carry normal life a result or had completed his/her 104 weeks, subsequently entitled entitled $ weeks. weekly. accident. educati year prior $320 weekly. Cgiver accident Not available w unless not impairment employed is cattrophic Payable after age If 16 cattrophic for life. or if optial benefits purched, or a optial job related benefit his/her is purched. amount payable is $ per week for first educati. pers need c plus $50.00 per week for Cgiver Not available unless impairment If cattrophic impairment each additial or if optial pers benefits need c. purched, amount payable is is cattrophic or optial benefit $250 per week for first pers need c plus $50 per week for each additial Housekeepg pers need If cattrophic c. or if optial benefits purched, Not is purched. available unless impairment is cattrophic Home or optial benefit is purched. amount payable is $ per week. Housekeepg Matenance Not available unless impairment If cattrophic impairment or if optial benefits purched, amount payable is Home Matenance is cattrophic or optial benefit $100 per week. is purched.

8 dependant you may also be entitled receive benefits. Innocent accident victims ir family members also have right sue for damages losses a result car accident. This acti is called a Tort Claim. Tort Claims SABS outled charts below: TORT CLAIMS UNDER BILL 198: Sug for Compensati Some types damages that might be sought by accident victim through litigati for accidents or after Ocber 1, 2003 outled followg chart: DAMAGE TYPE DESCRIPTION REQUIREMENTS DEDUCTIBLE* COMMENTARY Pa Sufferg An award mey made an jured pers for losses that not strictly fancial not eily meured fancial terms. Designed be solace for misfortune. Victim must establish that y have sustaed permanent serious disfigurement or permanent serious impairment an important physical, mental or psychological functi. $30,000 $37, for for jured jured pers; $18, $15,000 for for family. No family. deductible where damages No excess deductible $100,000 where damages for victim excess $50, $126, for for family. victim $63, for family. Must not be entirely at fault for accident. Maximum awarded victim for pa sufferg most cattrophic severe ces is approximately $336, $375,214 ( ( January j anuary Nov 2010). 2018). Wrgful Death, Loss C, Guidance Companiship The Family Law Act permits family members sue for jury or death an family member. Claimants can clude victim s spouse, children, grchildren, pnts, siblgs grpnts. No Deductible for Fatal Accident Claims, for car accidents arisg after Sept. 1, Survivg spouse a deceed victim is generally awarded 70% net take home pay compensati for deceed s work life expectancy. For loss a spouse, highest compensati h been approximately $90, for loss for loss c, guidance companiship. Survivg spouses also compensated for value n-ch services such homemakg hy pers services. Excess Health C Expenses Injured victim can sue for extended health c expenses not covered by SABS or benefit plans. Victim must establish that y have sustaed permanent serious disfigurement or permanent serious impairment an important physical, mental or psychological functi. Victim must not have been entirely at fault accident. Loss Income If ability work is impaired, victim may sue for loss come where it h not been fully covered by, or h been denied by, SABS or surer. 70% gross come prior trial may be compensated 100% reafter. Any come replacement benefits paid by surer will be deducted. No compensati for come lost for first 7 days after accident. ** An amount predetermed by Insurance Act by which surance companies aumatically reduce value claim. Figures accurate February 2018 but will be revised annually for flati. The formati this brochure is not, nor is it tended be, legal advice. You should csult a yer for dividual advice regardg y own situati. Use this brochure does not create a solicir/client relatiship between Bogoroch Associates LLP reader. BOGOROCH ASSOCIATES LLP revised 2018

9 WHO WHO WE WE ARE ARE FF ir realize ounded by Richard M. Bogoroch documents, documents, families able ounded by Richard Richard M. M.Bogoroch Bogoroch, positive resolutis obta peace Associates Associates LLP LLP is is a a Tor-bed Tor-bed regular regular updates updates about about ir ir We Wemd also also Bogoroch Associates LLP is a Torthrough efforts. which which specializes specializes specializes civil civil litigati. litigati. The The ensure ensure translars translars terpreters terpreters bed that civil litiga s steady recent ccentrates ccentrates serious serious persal persaljury jury ces, ces, available available The ifif required, required, so so growth feel feel ti. The ccentrates serious years directly benefits many actg actg behalf behalf dividuals dividuals who who have have comfortable comfortable secure secure communicatg communicatg persal jury, wrgways. staff 36 is comprised 9 suffered suffered bra bra spal spal juries, juries, chric chric us us ful death, products liability, disability claims yers 27 support staff, coverg both pa, pa, /or /or physical or psychological psychological litigati, bra physical spal or jury litigati, juries juriespa a a result result negligence. negligence. We We dedicated dedicated obtag obtag excellent excellent day eveng shifts. accomplished chric litigati, slip fall, practice practice broad broad clude clude mor mor results resultsfor forpressials all all.. Every Every year, we we team cludes year, clerks, occupiers liability ces throughout Ontario. vehicle vehicle accidents, accidents, achieve achieve vicries vicries many many legal sistants In 2013 we were wrgful wrgfullawyer death, death, serious serious mor mor vehicle, support staff. vehicle, named by Canadian product product liability, liability, slip Top fall fall disability disability We believe a clientmagaze eslip cidents, cidents, occupiers occupiers accident accident benefit benefit oriented approach litiga10 Persal Injury Law Firms liability liability accidents. accidents. We We exceptial exceptial quality quality work work ti which ensures that all Canada. also also pleed pleed provide provide commitment commitmentcalls client telephe prides sistance sistance disability disability h h been been recognised recognised returned 24 hs or less, itself enablg jured vicaccident accident benefit benefit claims. claims. by by Canadian Canadian Lawyer Lawyer that tims ir families Magaze, Magaze, which which ctues ctues copies all significant corobta access justice by We We pride pride selves selves name name Bogoroch Bogoroch respdence docuwaitg for payment ly enablg enablg jured jured victims victims Associates Associates LLP LLP e e ments, that when ce is successfully ir irfamilies familiesobta obtaaccess access Top Top Persal Persal Injury Law Law Injury regular ccluded by payg for justice justice by by acceptg acceptg ces ces Firms FirmsCanada. Canada. updates about ir ces all necessary disbursements aa ctgency ctgency fee fee bis. bis. that translars while ce is gog. This This means means we we will will ly ly get get Victims Victims mor mor vehicle vehicle terpreters if We accept ces RRI C I CHHAARRDD MM.. BBOOGGOORROOCCHH paid paid ifif we we recover recover mey mey accidents accidents traumatic traumatic required, so that a ctgency fee bis, for foryou. you. events events face face many many difficulties. difficulties. feel comfortable secure communicatwhich means we ly get paid if we recover We We underst underst itit isis aa stressful stressful time time g us. mey for you. makg litigati litigati process process staff staff isis comprised comprised yers yers committed committed makg Victims mor vehicle accidents We strive team achieve excellent straightforward straightforward possible. possible. goal goal isis an an accomplished accomplished team pressials, pressials, traumatic events face many difficulresults for all. Informati achieve achieve best best possible possible results results for for cludg cludg clerks, clerks, legal legal sistants sistants ties. By retag Bogoroch Associates recent notablestaff. cesall can be found refore refore when when you you reta reta support support staff. All staff staff believe believe LLP you can be certa that you will be prowebsite. Every year, achieves vicbogoroch Bogoroch Associates Associates LLP LLP you you can can be be aaclient-oriented client-orientedapproach approachlitigati litigatiwhich which vided strg effective legal repreries many mor vehicle, certa certa you you will will be be supported supported by by an an ensures ensures client erious telephe telephe calls calls returned returned sentati. goal is achieve best accident benefit experienced experienced team team which which will will provide provide you you hs hs or or disability less, less, possible results for. significant gratified correspdence that so many strg strg effective effectivelegal legalrepresentati. representati. copies copieswe all all significant correspdence Dedicated Dedicated Improvg Improvg Lives Lives Injured Injured Victims Victims Their Their Families Families BBO OG GO ORRO OCCH H AASSSSOOCCIIAATTEESS LLLLPP LLAAW WYYEERRSS Sun Life Fancial Tower Kg KgStreet StreetWest, West,Suite Suite1707, 1901, 1901,Tor, Tor,Ontario OntarioM5H M5H1J9 1J9 Tel Tel(416) (416) Fax Fax(416) (416) Toll TollFree Free11(866) (866) fo@bogoroch.com fo@bogoroch.com Website: Website:bogoroch.com bogoroch.com