MOTOR VEHICLE ACCIDENT
The time after a motor vehicle accident can be frantic and confusing. Tamming Law will start a lawsuit against the driver who is responsible for any motor vehicle accident you’ve been involved in. His or her insurance company will appoint a lawyer to defend its interests or may even attempt to settle the matter outside of court. If you’ve been injured in a motor vehicle accident in Grey, Bruce or Simcoe counties, choose Tamming Law.
You can sue the other driver for the following types of compensation:
Pain and suffering
Past and future loss of income or economic losses generally
Future loss of housekeeping abilities
There are limits, however. These limits were put in place to discourage minor claims from reaching the courts.
You can only sue for pain and suffering if you have suffered either a permanent and serious impairment, or a permanent and serious scarring or disfigurement. Often we won’t know whether we meet this test until sometime after the accident.
Unless we can prove that your pain and suffering damages are worth $100,000.00 or higher, any award of compensation for pain and suffering must be reduced by a deductible of $30,000.00.
As far as your economic losses are concerned, you may only sue for 80% of your net wages up to trial (and for 100% following trial). This is meant to encourage early settlements. However, if you have received any weekly accident benefits from your insurance company (see below), these must be deducted. In other words, you cannot collect twice for the same loss.
Your own insurance company (or, if you don’t have insurance, the insurer of your spouse, or of a parent on whom you were dependent or of the driver of a car involved in the accident) is required to pay certain benefits to you as long as your injuries call for them. These include:
All reasonably necessary medical and rehabilitation expenses (such as your chiropractor, physiotherapist, etc.)
Weekly loss of income benefits if you were working at the time of the accident, equal to 80% of your net income to a maximum of $400.00, so long as you cannot for reasons of health return to work
Housekeeping benefits to a maximum of $100.00 per week
Attendant care (or nursing) services provided to the injured person (your relative would qualify for this)
Other benefits best discussed on a case-by-case basis
We might not see eye to eye with the insurance company as to whether an expense is reasonable or whether you are able to return to work. We don’t have to accept whatever the insurance company says. We can ask for further medical assessments and, if necessary, go to the Ontario Insurance Commission in order to either mediate (i.e. negotiate – usually by phone) a settlement or to argue our case before an arbitrator. In most cases, going to the Ontario Insurance Commission is exactly what we do on behalf of our clients.
Pushing the File
We push your file at all times. We issue the claims as soon as possible, assemble all relevant documents, arrange for examinations for discoveries, set up medical examinations, etc. There is much behind the scenes work of which you are not aware. Call us if there are any questions at any time. Please use our voice mail if necessary – we do check it.
Doctors & Examinations
To obtain the best settlement, we will, in most cases, need our own specialists to examine you and prepare reports. The other driver’s lawyer will ask you to submit to medical examinations as well. Finally, your own insurance company will have the same right.
Don’t hesitate to contact any of our three locations: Owen Sound, Port Elgin and Collingwood.