April 27, 2016 - Voicing Concerns with New Car Insurance Rules

Howie, Sacks & Henry LLP – Personal Injury Law – Adam Wagman
Howie, Sacks & Henry LLP – Personal Injury Law – Adam Wagman

Adam Wagman

HSH Senior Partner and Ontario Trial Lawyers Association (OTLA) President-Elect, Adam Wagman recently spoke to Jerry Agar of Newstalk 1010 on his and OTLA's concerns with the Province of Ontario's new auto insurance rules.

On June 1, 2016, in an effort to reduce insurance premiums in Ontario, the Provincial government has mandated changes to accident benefits.

Some changes to the Statutory Accident Benefits Schedule, include:

  • Catastrophic

    • Medical & rehabilitation as well as attendant care benefits reduced from $2,000,000 to $1,000,000 lifetime benefit (this means that if you're involved in a car accident leading to serious injuries (for example: spinal cord injury, severe brain injury) after June 1, 2016, you may have a reduced benefit)
  • Non-Catastrophic:
    • Medical & rehabilitation as well as attendant care benefits reduced from $86,000 to $65,000 over 260 weeks
  • Minor:
    • Medical & rehabilitation remains at $3,500 over 260 weeks

In this interview, Adam urges Ontarians to understand the possible effects of the incoming rules. A change in medical & rehabilitation as well as attendant care benefits reduced from $2M to $1M could mean the difference to being able to pay for treatment for recovery, and not being able to afford it. It may also mean putting family at risk (financially, emotionally, physically). However, it's important for Ontarians to understand that the new rules also allow for Optional Benefits, which would bring your coverage back to $2M.

One claim on the reason for these mandated changes is that it helps fight fraud, on this Adam says:

"Why are we reducing the benefits for people in wheelchairs to pay for that fraud instead of combatting fraud? ... It makes absolutely no sense for our system to try to save money by taking that care away from someone in a wheelchair."

Click to view the Statutory Accident Benefits Schedule [PDF], which includes these recent changes.

About Adam Wagman

Adam Wagman is Senior Partner and former managing partner at HSH. Adam is recognized as a leader in the legal community. He is currently President-Elect of the Ontario Trial Lawyers Association (OTLA), and will become President of OTLA May 2016.  He is a member of and has held leadership roles in a number of professional associations and organizations.

About OTLA

The Ontario Trial Lawyers Association (OTLA) was formed in 1991 by lawyers acting for plaintiffs. Our purpose is to promote access to justice for all Ontarians, preserve and improve the civil justice system, and advocate for the rights of those who have suffered injury and losses as the result of wrongdoing by others, while at the same time advocating strongly for safety initiatives.

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