The Ontario Trial Lawyers Association (OTLA) is calling for the Ontario Government to conduct a public inquiry into medical assessments of people injured in motor vehicle accidents. The FAIR Association of Victims for Accidents Insurance Reform and OTLA have both called for a public inquiry.
“Medical experts are under pressure to act favourably on behalf of the insurance companies. Some are doing just that, service as advocates for the insurance companies. Experts are meant to be neutral and impartial and serve the courts, not one side or the other.” says David Marshall, former president and CEO of the Workplace Safety and Insurance Board.
Ontario’s Ministry of Finance sent a written response to the OTLA statement stating that the government seeks to balance the needs of injured claimants while ensuring affordable auto insurance. Recent changes will help identify and treat injuries from motor vehicle accidents so the injured can receive the treatment they need while minimizing disputes in the auto insurance system.
“Auto accident victims have been facing more hurdles on their road to recovery. It has become more difficult for those seeking general damages for pain and suffering. There is also a statutory deduction removed from any damages awarded, which was increased in recent years. The current medical assessment system further victims’ access to compensation by requiring letters from doctors and ongoing exams.” says Steve Rastin, of Barrie, Ont.-based Rastin and Associated and OTLA’s immediate past president
At Cantini Law|Droit, we often see insurance companies repeatedly hire the same medical practitioners who act as advocates for the insurance companies. These so called “hired guns” or “merchants of doubt” provide reports to the insurance companies which should immediately be challenged.
If your claim is being denied due to medical assessments ordered by the insurance companies, you should know your rights. Contact Cantini Law|Droit at 1-800-606-2529 and we will explain your options.