Yep, did all that. Filed the claim 3 days after the accident.
Took from August 2020 until February 2022 for them to rule against us.
Hence the lawsuit.
Haven't heard anything back yet as expected, but wondering if we will before the end of the week - today was the first business day so I'm sure the provinces lawyers put eyes on it today.
Haven't heard anything back yet as expected, but wondering if we will before the end of the week - today was the first business day so I'm sure the provinces lawyers put eyes on it today.
I'm looking forward to the " I won by default but cant find a useful person to send the judgement to to get a cheque". I suspect you just keep sending it but finding someone willing and able to pay could be infuriating.
An acquaintance has had 3 tires changed and 1 bent rim because of the road conditions. North York around Sheppard. I told him to stay away from Lawrence and Eglington lol. He raised a claim every single time and he hasn't heard back anything (as per our last convo a few months back).
An acquaintance has had 3 tires changed and 1 bent rim because of the road conditions. North York around Sheppard. I told him to stay away from Lawrence and Eglington lol. He raised a claim every single time and he hasn't heard back anything (as per our last convo a few months back).
Statute of limitations is 2 years after the loss. But like I said, it took 16 months for them to make a decision on our claim, and then they apparently sent it to us by email and it was lost in a spam folder or something as we never saw it. It was only when we started inquiring again (knowing the 2 years was approaching) that we were told it had been sent this past February, and we got another copy sent to us.
If he hasn’t heard anything and it’s under 2 years, well, he can go down the same path we are. But after 2 years, it’s a dead deal.
Statute of limitations is 2 years after the loss. But like I said, it took 16 months for them to make a decision on our claim, and then they apparently sent it to us by email and it was lost in a spam folder or something as we never saw it. It was only when we started inquiring again (knowing the 2 years was approaching) that we were told it had been sent this past February, and we got another copy sent to us.
If he hasn’t heard anything and it’s under 2 years, well, he can go down the same path we are. But after 2 years, it’s a dead deal.
Toronto normally proudly publishes stats every year. IIRC something like three or four digits of claimants and normally really close to zero payments. They have an extra layer to protect them. Something like they need to have been informed at least 10 business days of the dangerous condition prior to your accident date to give them time to fix it. If they haven't been notified and had time to fix it, it's not negligence on their part it's failure to pay attention by the driver.
Something like they need to have been informed at least 10 business days of the dangerous condition prior to your accident date to give them time to fix it.
I'm pretty sure the province has the exact same thing.
But i court I will ask the crown to provide the inspection reports from the third party maintenance contractor on which our initial claim was denied, and will want to see exactly what was recorded with regards to road conditions, and most importantly, when.
Because I have photos that will make a hell of a case before a judge that the specific issue that caused the crash didn't exactly happen overnight.
There was a very serious negligence situation happening, and if the provinces lawyer stands there in front of me and shows inspection reports indicating that the road was all fine and dandy for the days and weeks leading up to this, and then suddenly caused a crash, and then was suddenly repaired within 48 hours of the accident.....while, I'm pretty sure I might be able to raise some reasonable doubt to the judge on the legitimacy of those third party inspections.
But this is what happens when road maintenace and upkeep is farmed out to the lowest bidders.
Statute of limitations is 2 years after the loss. But like I said, it took 16 months for them to make a decision on our claim, and then they apparently sent it to us by email and it was lost in a spam folder or something as we never saw it. It was only when we started inquiring again (knowing the 2 years was approaching) that we were told it had been sent this past February, and we got another copy sent to us.
If he hasn’t heard anything and it’s under 2 years, well, he can go down the same path we are. But after 2 years, it’s a dead deal.
- She wasn't charged. The OPP officer that attended said it was road conditions. We will be filing to get a copy of the police report in which this is hopefully documented.
In a lawsuit, it becomes just another piece of evidence that can be submitted to the judge as I understand it. It's the judges choice what to do with it at that point.
We purchased the "certified" version of the report so it's valid as evidence. The crown can't say it's not legitimate or whatever.
In a lawsuit, it becomes just another piece of evidence that can be submitted to the judge as I understand it. It's the judges choice what to do with it at that point.
We purchased the "certified" version of the report so it's valid as evidence. The crown can't say it's not legitimate or whatever.
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