Blogs » Law and Legal Services » Paquette, Travers, Deutschmann - PERSONAL INJURY & DISABILITY LAW
 

Blogs

Paquette, Travers, Deutschmann - PERSONAL INJURY & DISABILITY LAW
Auto insurance deductibles unfair to seniors, homemakers, children and the disabled.
Return to Blog 
Paquette Travers Deutschmann, disability lawyers, personal injury lawyers

Many people are unaware that when they are eligible to sue for injuries suffered as a result of a car accident caused by another person, the first $30,000.00 that would be paid for general damages (pain and suffering) does not have to be paid by the insurance company to the injured person.  This is called a deductible.  Before October, 2003, the deductible for general pain and suffering damages in Ontario was $15,000.00.  As a result the increased deductible, for most people suffering from a soft tissue injury or whiplash injury, while a court or jury may find that the other party was at fault and that the injured party suffered serious injury, it is quite possible that where the jury awards an amount of $30,000.00 or less, the injured party would receive nothing for pain and suffering.  This applies to all injured parties.  What makes this particularly harsh is the fact that where someone has suffered wage loss because of an inability to work, they could very well receive damages for past and future income loss but nothing for general pain and suffering damages.  For those without employment, particularly seniors, homemakers, children and the disabled, who do not suffer income loss because of a fixed income, these groups could very lose out on any award given that they will not be advancing a claim for income loss.  Seniors, for example, are often on a fixed income and are not working to supplement their pensions.  With no income loss they are restricted to general pain and suffering damages and therefore run the risk that a jury award will not even exceed the $30,000.00 deductible and they walk away with nothing.  They win the battle but lose the war.

In the case of a senior that loses a grandchild to a car accident, there is a deductible of $15,000.00 that applies.  This deductible applies to Family Law Act claims.  These are claims by certain family members for the loss of care, guidance and companionship of the injured or deceased person.  Given the state of Canadian law and the low awards that are made to grandparents who face the loss of a grandchild, seniors could very well be faced with another situation where the loss is acknowledged but the award results in nothing being paid by the insurance company. 

About Paquette Travers & Deutschmann

Paquette Travers & Deutschmann serve South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Doug O’Toole focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

Posted on Sunday, May 20, 2007 - 10:15:00 PM EST
 Comments  (0) Post a Comment 
   By Paquette Travers & Deutschmann Lawyers - Visit Our Business Directory Listing  |   Return to Blog 

Blogs Home   |   Start a Blog   |   Subscribe To Blog
News   |   Announcements   |   Events Calendar
Contact The News Editor   |   News FAQs

 
    <<     April  2015     
S M Tu W Th F S
      1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30    
Jump to:

Article Categories
Car Insurance
Community
Disability Law
Personal Injury Law

Recent Articles
Handicap Parking and Abuse
Police Renew Call to Public to Buckle Up
New Carbon Monoxide Law comes into effect April 15, 2015
Police Report Man dials 911 and reports himself for Impaired Driving.
Driverless cars aren't superior to humans ... yet.
How to Choose A Personal Injury Lawyer
Stopping at the roadside is always dangerous
Everyone Injured in Car Accidents is Eligible for Benefits
Autonomous Cars Could Lead to Less Traffic, Fewer Accidents
Tragedy strikes as disabled man found frozen next to wheelchair
Fading and Peeling Licence Plates are an Issue for Many Drivers
Organ Donation Saves Lives
Self Driving cars could save $65 Billion a year in Canada
Canadians and Driving in the USA
Mixed News from Holiday RIDE stops
Clearing snow from your car windows not an option - It's the law
Police Are Using Drones to Assess Traffic Accidents
Signaling Crucial to reducing accidents in Roundabouts.
OPP Disappointed with 2014 Holiday RIDE
'Tis RIDE Season

Articles by Month of Posting
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
August 2012
July 2012
May 2012
April 2012
March 2012
January 2008
July 2007
May 2007
April 2007