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Wrecked hard on Tuesday

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Is this deductible business only on motorcycle accidents? My mom got hit by a car about 7 years ago, no deductible on her settlement. She had a high volume-low yield lawyer, and still ended up with 60k.

As far as injury benefits, I just checked my policy, makes no mention of weekly/monthly limitations, just says $1m coverage for wage loss, medical and physiotherapy etc. the premium for just this coverage alone, makes up 75% of my entire policy premium. Damn well better do what I need it to do, because if it doesn’t, then I’m going to save 75% on future policies because EI sick benefits pays more than $400/wk.

A question that I do still have for people who have been through this stuff, are these benefits and settlements taxable? Am I going to owe income tax on wage replacement received, or on a possible settlement for that matter?
 
It definitely applies to motorcycle and auto policies alike
 
JTR said:
A question that I do still have for people who have been through this stuff, are these benefits and settlements taxable? Am I going to owe income tax on wage replacement received, or on a possible settlement for that matter?
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Any settlement money is tax free.
 
LBV said:
Mistakes? JTR made no mistake. I'd wager that driver lives in that area and has run that stop light many times before on purpose and got away with it (I see it all the time in Brampton).

Eventually, taking that risk will bite you ... just too bad he had to take an innocent person with him.
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My bet, for the time of day, is Uber/lyft, and likely phone related. Those fuckers are always on their phones.

I assume ride share because it’s 0530, he was entering a residential neighborhood rather than leaving it(like somebody going to work). It’s not likely somebody returning home from work because night shifters usually wouldn’t be off until 0600. I won’t mention ethnicity of driver, but it is very rare to see one without phone in hand, and seemingly incapable of driving without talking on a phone. Whether rideshare is involved will most likely come out in depo though, in which case I’d assume, extra (eager to settle)defendant.
 
Oh, I hear ya 100%!!

I'll have to remember to not assume someone will stop at a red light or a stop sign unless I can make eye contact or I know I can get through the intersection before he gets there anyways.

Same with making a right turn onto a road where someone has their signal on to turn right onto the road I'm coming from ... almost got taken out once or twice there where they kept going straight instead. :mad:

We all learn from our experiences and, thanks to forums like this, from others as well.
 
LBV said:
Mistakes? JTR made no mistake. I'd wager that driver lives in that area and has run that stop light many times before on purpose and got away with it (I see it all the time in Brampton).

Eventually, taking that risk will bite you ... just too bad he had to take an innocent person with him.
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Devils advocate, one could argue he did in fact make a mistake.

When I explain traffic/road situations to my students I caution them continuously that riding your bike is not the same as driving your car and cannot be treated as such. You are no longer surrounded by 2 tons of steel and cannot afford to make assumptions or decisions the same way you would in your car, because when you get it wrong you go to the hospital.

Legally he did nothing wrong, but we know as riders we have to play by a different set of rules because who cares who was right/wrong when you`re under the wheels of the car.

I'm very happy to hear he will likely recover soon and the above should not be considered as anything but an objective opinion on the situation.
 
Evoex said:
Devils advocate, one could argue he did in fact make a mistake.

When I explain traffic/road situations to my students I caution them continuously that riding your bike is not the same as driving your car and cannot be treated as such. You are no longer surrounded by 2 tons of steel and cannot afford to make assumptions or decisions the same way you would in your car, because when you get it wrong you go to the hospital.

Legally he did nothing wrong, but we know as riders we have to play by a different set of rules because who cares who was right/wrong when you`re under the wheels of the car.

I'm very happy to hear he will likely recover soon and the above should not be considered as anything but an objective opinion on the situation.
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You're not wrong bud ... guess our mistake as riders is assuming no one else will make one.

Live and learn is all we can do but I just hate having to always adapt/adjust to others stupidity/mistakes.
 
Evoex said:
Devils advocate, one could argue he did in fact make a mistake.

When I explain traffic/road situations to my students I caution them continuously that riding your bike is not the same as driving your car and cannot be treated as such. You are no longer surrounded by 2 tons of steel and cannot afford to make assumptions or decisions the same way you would in your car, because when you get it wrong you go to the hospital.

Legally he did nothing wrong, but we know as riders we have to play by a different set of rules because who cares who was right/wrong when you`re under the wheels of the car.

I'm very happy to hear he will likely recover soon and the above should not be considered as anything but an objective opinion on the situation.
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To an extent I’d be in agreement. But if we’re entering a realm where we’re stopping or even drastically slowing, where we have right of way, then we become the hazard, rather than avoiding one. Just like if I were consistently dropping to 50 in an 80 on country roads because I can’t trust other drivers to heed stop signs. That is a problem.i have a friend that was consistently panicking and riding 50 on the King’s highways, to the point where I warned him that was even more dangerous, and stopped encouraging him to come out with me. I told him he should stay in town until he has more confidence. It’s also worthy of note, that in MSF courses and testing, riders are tested on confidence, and penalized for caution.
 
JTR said:
Is this deductible business only on motorcycle accidents?
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Exact same thing as auto. They're both the same policy in Ontario - OAP 1.

JTR said:
As far as injury benefits, I just checked my policy, makes no mention of weekly/monthly limitations, just says $1m coverage for wage loss, medical and physiotherapy etc. the premium for just this coverage alone, makes up 75% of my entire policy premium. Damn well better do what I need it to do, because if it doesn’t, then I’m going to save 75% on future policies because EI sick benefits pays more than $400/wk.
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The $1 million is accident benefits (SABS) - specifically medical, rehabilitation and attendant care benefits. $1 mil is for catastrophic injuries, $65k is the limit for non-catastrophic, under standard benefits.

Sorry I did not clarify the $400/week. That is for income replacement, and can be increased by up to $1000/week (still up to 75% of income).

EI/OHIP/medical coverages take precedent - so these pay out first, then auto insurance benefits will kick in after those are exhausted.
 
JTR said:
To an extent I’d be in agreement. But if we’re entering a realm where we’re stopping or even drastically slowing, where we have right of way, then we become the hazard, rather than avoiding one. Just like if I were consistently dropping to 50 in an 80 on country roads because I can’t trust other drivers to heed stop signs. That is a problem.i have a friend that was consistently panicking and riding 50 on the King’s highways, to the point where I warned him that was even more dangerous, and stopped encouraging him to come out with me. I told him he should stay in town until he has more confidence. It’s also worthy of note, that in MSF courses and testing, riders are tested on confidence, and penalized for caution.
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Glad you're OK.

I think, "where we have right of way" could be chiseled on a lot of grave stones.

I agree that being overly cautious (or courteous) and slowing drastically or stopping in active lanes is extremely dangerous, but as you and the rest of us have sadly been reminded - assuming that an oncoming driver sees you or is paying attention in general is a risk, maybe even worse at that time of day.
 
Evoex said:
Devils advocate, one could argue he did in fact make a mistake.

When I explain traffic/road situations to my students I caution them continuously that riding your bike is not the same as driving your car and cannot be treated as such. You are no longer surrounded by 2 tons of steel and cannot afford to make assumptions or decisions the same way you would in your car, because when you get it wrong you go to the hospital.

Legally he did nothing wrong, but we know as riders we have to play by a different set of rules because who cares who was right/wrong when you`re under the wheels of the car.

I'm very happy to hear he will likely recover soon and the above should not be considered as anything but an objective opinion on the situation.
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Yup - the price of freedom is eternal vigilance.

Approaching an intersection with an oncoming car in the left turn lane, I'd have no qualms accelerating on a yellow to beat the light in a car, but on a bike, I haul on the brakes!
 
Relax said:
Yup - the price of freedom is eternal vigilance.

Approaching an intersection with an oncoming car in the left turn lane, I'd have no qualms accelerating on a yellow to beat the light in a car, but on a bike, I haul on the brakes!
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That, I do. In cases where it’s possible that someone could legitimately not notice me and otherwise be driving in a normal lawful manner but still accidentally cause a collision, yeah it’s wise to be vigilant. However, we still all deserve the basic expectation, that other drivers will obey traffic laws, especially strict ones like stop signs. Otherwise what are we even doing out there?
 
JTR said:
That, I do. In cases where it’s possible that someone could legitimately not notice me and otherwise be driving in a normal lawful manner but still accidentally cause a collision, yeah it’s wise to be vigilant. However, we still all deserve the basic expectation, that other drivers will obey traffic laws, especially strict ones like stop signs. Otherwise what are we even doing out there?
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Back to the "dead right" argument. We are 100% on your side that people should pay attention to signs and drive legally and safely. We all know that many times this isn't the case. Hell, in some situations, the expectation is contrary to law (for instance stop signs in woodbridge where less than 50% of the vehicles stop ime). I'd rather have a close call than be laying on the road shaking my fist at the dbag (or worse).
 
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On the tort deductible, it’s apparently true, complete ********, but true. This is a ******** joke of a province, in a ******** joke of a country. Typical Canadian corruption at its finest. I wonder who got to collect the bag of cash on this one.

Strange I’ve never heard of it before, I know plenty of people who’ve been in the receiving end of settlements and nobody mentioned a deductible before. But maybe it’s something typically negotiated out by lawyers. The articles I’ve been reading, repeatedly mention court, and not mediation or settlement. Guess I’ll find out, either way.
 
JTR said:
However, we still all deserve the basic expectation, that other drivers will obey traffic laws, especially strict ones like stop signs. Otherwise what are we even doing out there?
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As a wise man once said, "Deserve's got nothing to do with it".

I'd dare call it the "rider's fallacy", expecting all others to be completely compliant with the laws. It's not fair, but it is what it is.
 
LBV said:
Mistakes? JTR made no mistake. I'd wager that driver lives in that area and has run that stop light many times before on purpose and got away with it (I see it all the time in Brampton).
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I was actually referring to the driver. I can see that it wasn't entirely clear. The driver made a regrettable and consequential mistake. I hope they learned an important lesson here and have to face some ramifications for what seems like a lack of appropriate care.

That said, as Evo points out, rider vigilance has to include carefully eyeing any vehicle that is coming to a juncture like that in anticipation of it missing the stop sign. I am not blaming the victim here, just pointing out that right of way doesn't matter much when you're the one lying in the street with broken bones.

LBV said:
Eventually, taking that risk will bite you ... just too bad he had to take an innocent person with him.
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100%
 
JTR said:
To an extent I’d be in agreement. But if we’re entering a realm where we’re stopping or even drastically slowing, where we have right of way, then we become the hazard, rather than avoiding one. Just like if I were consistently dropping to 50 in an 80 on country roads because I can’t trust other drivers to heed stop signs. That is a problem.i have a friend that was consistently panicking and riding 50 on the King’s highways, to the point where I warned him that was even more dangerous, and stopped encouraging him to come out with me. I told him he should stay in town until he has more confidence. It’s also worthy of note, that in MSF courses and testing, riders are tested on confidence, and penalized for caution.
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Fair.

I would counter that we are in fact (and have been) in the realm that as riders we need to be serious when we consider how and where events around us are unfolding. We need to be thinking 2 steps ahead, which sucks balls because i'd rather be enjoying the ride with the 'wind in my hair'. But that is not possible anywhere near the GTA.

As per the MSF/Exam;

The course is in place to prepare you for the exam. The exam is in place to prove you can safely operate a motorcycle and are not afraid of the conditions in a parking lot. It does not, imo, prepare you for the street at all.

My $.02
 
LBV said:
You're not wrong bud ... guess our mistake as riders is assuming no one else will make one.

Live and learn is all we can do but I just hate having to always adapt/adjust to others stupidity/mistakes.
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I’ve known some very skilled riders who have had experiences like this, most get back on the horse, some never do which is very understandable.

I’m not the fastest on the street, or the most capable in the dirt, but after decades on 2 wheels, my situational awareness skills are as finely honed as it gets. I can’t count the number of times this has saved my skin (and maybe my life). It’s more than being careful, it takes years to learn how to see a couple of steps ahead, and lots more time to train yourself to keep laser focus 100% of the time.

I cringe sometimes when I see young riders obeying the law of the road without regard for the laws of probability.

Ride safe.
 
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