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In personal injury cases, the concept of causation plays a crucial role in determining who is legally responsible for an accident and the damages that result. When an individual files a personal injury claim against another party, one of the primary legal hurdles is proving that they themselves were not at fault. This is where…
When you make a claim on your insurance, you might wonder if the insurance company can force you to see their own medical examiner. Here’s a simple explanation of your rights and what to expect. What Does the Insurance Company Have the Right to Do? Insurance companies have a right to check on the claims…
When you make a claim on your insurance, you might wonder if the insurance company can force you to see their own medical examiner. Here’s a simple explanation of your rights and what to expect. What Does the Insurance Company Have the Right to Do? Insurance companies have a right to check on the claims…
What is a Minor Injury Cap? In personal injury law, a “minor injury cap” typically refers to a legal limit on the amount of damages that can be awarded for injuries deemed minor. This cap is intended to limit the compensation for less severe injuries, focusing resources and legal attention on more serious cases. What…
This blog does a deep dive into the details of SEF 44, its importance, and how it functions within the context of Canadian insurance requirements.
What to do If you are injured in a motor vehicle accident and the other driver doesn’t have insurance in NB, NS and PEI
In New Brunswick, the Financial and Consumer Services Commission has approved a Standard Automobile Insurance Policy. This means that every insured vehicle in New Brunswick has, at the very least, the same minimum coverage. There are 5 major sections in the Standard Automobile Insurance Policy. Learn more in this article.
There is a general right on insurers to obtain professional advices. Clause (5) of the Special Provisions states: (5) MEDICAL REPORTS The insurer has the right and the claimant shall afford to the insurer, an opportunity to examine the person of the insured person when and as often as it reasonably requires while the claim is…
In principle, vacation benefits are different than sick leave benefits. While sick days are akin to an insurance plan (i.e. there when needed), vacation benefits are part of the employee’s basic remuneration package and are expected to be used yearly to maintain productivity, not to treat illnesses. Thus, they are more akin to a pension…
Contrary to the 2003 Injury Regulation, supra, the new regulation provides a list of specific ‘minor personal injuries’. They are: abrasions, contusions, lacerations, sprains, strains and whiplash associated disorders, “including any clinically associated sequelae” for each, “that do not result in serious impairment or in permanent serious disfigurement”. A ‘sprain’ is “an injury to ……
What are Pecuniary Damages These types of damages are the ones that are monetary in nature. Because of a wrongdoing, the injured person is no longer able to earn an income, or has to spend money for additional goods and services, and will be compensated accordingly. This loss can be experienced for a period both…
The 1996 amendment to the insurance Act, supra, refers expressly to “sick leave plans”: s. 265.4(1)(b). Before then, sick leave credits used as a result of an injury could potentially be claimed if the evidence showed that they were cashable at the time of retirement or if there was an undertaking to reimburse the employer…
When the insured party survives a car collision but requires treatments, the insurance policy provides for medical coverage. The treatments covered are defined as follows in the contract: The insurer will pay with respect to each insured person who sustains a bodily injury as a result of an accident reasonable expenses resulting from the accident…
Getting in a car accident is stressful enough. On top of the strain of dealing with injuries and damages, your insurance company will also be attempting to deal with you directly. You cannot count on the insurance company to take care of your best interest. Here are 10 tips on how to deal with your…
Some drivers do not have insurance covering their vehicles in the event of an accident. This situation exists even though it is the law for all motor vehicles to have insurance to cover medical costs, lost wages, and the other damages suffered by a victim injured in a collision. Each year, a number of motorists…
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