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Bradsma

Well-known member
I was rear ended by another car yesterday. Police were called and my car will be a write off. Driver was charged with careless driving. I will most likely have to miss work since my entire back is sore and I've had a massive headache none stop since. I'm not looking to sue the driver or anything just wondering what I can do to get some money for the work I will miss. I don't have any benefits at work either.

Just looking for what if anything I can do, a little lost as to what my options are. Thanks.
 
Just contact your insurance company. Your auto insurance will cover your medical expenses and provide a certain degree of income replacement. It will also pay out for your car.
 
As turbo says talk to your agent who will explain what you are entitled to. I think the only way you can sue the driver of the other vehicle is if he was not insured. Otherwise you have to take the income replacement settlements laid out on your policy. They aren't generous.
You can fight for more but that could create a cash flow problem depending on your circumstances.
You will get market value for your vehicle regardless of how reliable it was or what you had in it. Slightly negotiable but not much.
It is rare that anyone besides a con artist comes away on the plus side financially. Sorry about the crash and depressing realities but start keeping detailed notes and do your research. The insurance company's first thought is their responsibility to the shareholder, not the client.
 
I would say review all details of your policy before you speak to your agent. Your agent will omit certain things not included in your policy. Know what you paid for.

Know your rights
 
Thanks for the replies. I will be contacting my doctor and insurance first thing monday morning. I'll have to read my policy and see what it says.
 
dont quote me on this but if i remember correctly when my x had her accident (not at fault), the insurance would start covering her income after a week of missed work. So for the first week ur on your own.
 
A lot of talk about the insurance company trying to screw you here.

No insurance compnay is going to pay you more than they are obligated to on a claim, just the same as no consumer will go into a shop and pay more than they are obligated to for services, but that's not one party looking to cheat another. That's just sound business.

My personal experience after last fall's head-on crash was quite good. They paid out my car with a more than fair price and I had my payment cheque in hand in under a week. Without prompting they offered me a rental car to use while I waited for the claim to be processed. They also called me on three separate occasions in the weeks following the crash to ask how I was feeling, and to encourage me to go for medical assessment and treatment if I felt any delayed effects arising from the crash.

To the OP, don't forget to ask about a rental car to use while your claim is being processed. It will be covered by your DCPD coverage.

Also, look here to see the standard basic Ontario auto insurance policy. https://www.belairdirect.com/english/pdf/oap1eng.pdf It will tell you what you are entitled to receive. While mistakes are occasionally made by insurance company employees, most of the time people get ****** off because their expectations are not in alignment with reality. Knowing the facts helps you avoid the bad effects of either.
 
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lucky2 said:
i don't think one needs to be a con artist to claim for injuries long term. if you got injuries be sure to go to a hospital and get checked out. if you are legit. the insurance will try to screw you anyways
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You don't have to be a con artist to claim and you should go after everything you are entitled to by a restrictive policy system. However it doesn't become a win situation unless you can work the system or do a con.
If you have big bucks you can hire the right lawyers but it's one of the usual "It takes money to make money" situations.
 
turbodish said:
A lot of talk about the insurance company trying to screw you here.

No insurance compnay is going to pay you more than they are obligated to on a claim to receive....

....most of the time people get ****** off because their expectations are not in alignment with reality. Knowing the facts helps you avoid the bad effects of either.
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If you watch USA trials it's easy to think you're going to get $5 million for a hot coffee on your lap (That was successfully appealed BTW) The same legal system doesn't exist here so don't expect the system to dole out the big bucks.

The worst hit are the ones that have lingering pains that are difficult to document. Nothing is fun when you hurt and no one likes a whiner, even if it is justified.
 
nobbie48 said:
If you watch USA trials it's easy to think you're going to get $5 million for a hot coffee on your lap (That was successfully appealed BTW) The same legal system doesn't exist here so don't expect the system to dole out the big bucks.

The worst hit are the ones that have lingering pains that are difficult to document. Nothing is fun when you hurt and no one likes a whiner, even if it is justified.
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Negative on the appeal. They came to an agreement, out of court, while BOTH parties were awaiting the result of appeal requests. I followed that case in great detail.

It's always a good idea to talk to your insurer, after having made yourself aware of what your policy covers. The ordinary wage replacement was a joke when I had to take advantage of it, and has since been reduced to a bad joke. The OP needs to see a doctor and be properly evaluated.
 
Going to the doctor today. Friend who was in the car doesn't have a doctor so he was in emergency room yesterday, xrays where negative but the doctor told him to take it extra easy he's got pretty bad whip lash. Told not to work today and given a neck brace. Guess thats what happens when someone rear ends you at 60 when your at a dead stop.
 
Bradsma said:
Going to the doctor today. Friend who was in the car doesn't have a doctor so he was in emergency room yesterday, xrays where negative but the doctor told him to take it extra easy he's got pretty bad whip lash. Told not to work today and given a neck brace. Guess thats what happens when someone rear ends you at 60 when your at a dead stop.
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Hey Bradsma,

PM me, I can help kick start your claim. I am a claims adjuster who works in the injury claims department. I can also help advise as to the benefits you're entitled to.
 
Rob MacLennan said:
Negative on the appeal. They came to an agreement, out of court, while BOTH parties were awaiting the result of appeal requests. I followed that case in great detail.

It's always a good idea to talk to your insurer, after having made yourself aware of what your policy covers. The ordinary wage replacement was a joke when I had to take advantage of it, and has since been reduced to a bad joke. The OP needs to see a doctor and be properly evaluated.
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I thought it went the appeal route but regardless it wasn't $5M but rather a very small portion of it with a big chunk going to the lawyer.

Can / do lawyers here work on contingency fees?

I was under the possibly mis-understood idea that one could sue for more than the standard wage replacement but had to decline the wage replacement if going that route. That's fine if you don't need the money and have cash in hand for a lawyer.
 
nobbie48 said:
I thought it went the appeal route but regardless it wasn't $5M but rather a very small portion of it with a big chunk going to the lawyer.
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Which is why both sides were appealing.

Can / do lawyers here work on contingency fees?
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It used to be that lawyers, in Canada, couldn't work on contingency. That changed, sometime in the recent past, to my chagrin. It was one of the things that separated us from the litigious stupidity, south of the border.

I was under the possibly mis-understood idea that one could sue for more than the standard wage replacement but had to decline the wage replacement if going that route. That's fine if you don't need the money and have cash in hand for a lawyer.
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You'd be better off asking one of the people who works in the insurance industry that question.
 
Contingency Fees are not allowed in Criminal cases and I think family as well. ( the reasons should be self evident )

Contingency fees do serve a purpose as it often allows access to justice to people that would otherwise not be able to afford a lawyer at all.
It is however, not without its problems, but thats why lawyer fees may be renewed upon complaint.

if you are considering a contingency fee arrangement, some times its worth it to consult more than one lawyer, what you want to weed out is the guy that knows the case is a slam dunk but pretends it is not in order to get a higher percentage.
 
In Canada you can't sue for pain and suffering at all in Quebec, the biggest rewards are actually in Ontario with the other provinces in between......... There are reasons why Ontario has the highest insurance premiums!
Also, basic wage replacement in Ontario is about $400 a week!
 
murf said:
In Canada you can't sue for pain and suffering at all in Quebec, the biggest rewards are actually in Ontario with the other provinces in between......... There are reasons why Ontario has the highest insurance premiums!
Also, basic wage replacement in Ontario is about $400 a week!
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It's 70% of your gross regular wage with a MAXIMUM of $400.00 a week. I maxed it out when I had a job that paid half what my current one does.
 
Rob MacLennan said:
Negative on the appeal. They came to an agreement, out of court, while BOTH parties were awaiting the result of appeal requests. I followed that case in great detail.

It's always a good idea to talk to your insurer, after having made yourself aware of what your policy covers. The ordinary wage replacement was a joke when I had to take advantage of it, and has since been reduced to a bad joke. The OP needs to see a doctor and be properly evaluated.
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It's funny the way people say 5 million for a coffee on the lap, but most people don't realise the amount of damage that lady suffered on her lap and legs, I think 5 million wasn't enough
 
ZX600 said:
It's funny the way people say 5 million for a coffee on the lap, but most people don't realise the amount of damage that lady suffered on her lap and legs, I think 5 million wasn't enough
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I think it's funny how people, who didn't follow the case and don't understand the precedent, think that the case was frivolous on its face. This was far from the first time that this sort of thing happened, where McDonalds was concerned, and the jury considered them to have been on notice. That figured into the judgment.
 
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