Blogs » Law and Legal Services » Deutschmann Personal Injury & Disability Law - PERSONAL INJURY & DISABILITY LAW BLOG
 

Blogs

Deutschmann Personal Injury & Disability Law - PERSONAL INJURY & DISABILITY LAW BLOG
Auto insurance deductibles unfair to seniors, homemakers, children and the disabled.
Return to Blog 
Deutschmann Law logo

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 Saturday, Jan 21, 2017 - 10:07:00 AM EST
 Comments  (0) Post a Comment 
   By Deutschmann Personal Injury & Disability Law - Visit Our Business Directory Listing  |   Return to Blog 

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

 
Article Categories
Car Insurance
Community
Disability Law
Personal Injury Law

Recent Articles
Four Female Athletes in Canada Donate Brains to Science
What Changes Will Driverless Cars Bring?
Car Accident Victim Benefits Continue to Erode - Find out where the parties stand before you vote
Domestic Violence is A leading Cause of Brain Damage
What to do about poor car accident benefits in Ontario?
Spelling is Important
Resources For People Looking to Keep up Recent Issues in Ontario Trial Law
Testing Autonomous Vehicles Above the Arctic Circle
Uber Stops Testing of Self Driving Cars in Toronto Following Pedestrian Death In Arizona
AVs - Autonomous Vehicles - They Make us Curious and Scare Us
Team Canada an Inspiration at PyeongChang 2018 Paralympics
Considerations When Repairing Your Car After a Collision
Tough New Distracted Driving Laws Are On Their Way
Snow Tires Keep You Safer In Snow And Ice - When Should We Take Them Off?
Brain Damage from Concussion is Permanent and Irreversible
Hayley Wickenheiser Donates Brain to Concussion Research
Snowmobile Deaths On Trend For A Record Year
Autonomous Vehicles Will Force Us to Change How Driving is Regulated – Electric Ones How We Pay for
Even Mild Traumatic Brain Injury (TBI) causes long term brain damage
Are women more susceptible to concussion?

Articles by Month of Posting
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
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
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
January 2010