QuestionI was rearended by tractor trailer on hwy when stopped.Isustained neck/back knee whiplash.iwas diagnosed with severe whiplashby physio and family doctor. Im off work and will be recieving 400 a week.I usually make6 to 7 thousand a month.Under no fault i was told thats all I get.If I;m to sue i have to have to be chronic.I was told i can't proceed for a year. Thanks
Not at fault in Ottawa, Canada
Answer
Dear Sean,
Sorry to delay my answer, but I was in Italy with no access to the Internet.
But you will also be sorry about my answer inasmuch as it does appear that the information you received is basically correct. That is the direct result of your Provincial government siding with the insurance industry instead of the trial attorneys in Ontario. I think it was a poor trade off of rights for the injured in exchange for alleged savings in insurance costs.
First, your own insurance should be paying for both your medical care and wage loss, although your own insurance limits will determine the amount of the loss which you can claim for lost wages. The difference between what your actual loss is and the amount paid under no-fault is what you will sue for once your doctors determine that your injuries meet the standard set by your government for suing.
As you mentioned, that standard is "chronic" serious injury. If your doctors will not state that your injuries rise to this standard, then you could be out of luck. Thus, the key would seem to be in keeping your doctors up to date on your situation, including doing what they ask in terms of exercise, etc. They will not reward a person whom they suspect is trying to "game" the system.
On the other hand, you had a good hard crash, and one can easily believe that the injuries sustained are both serious and chronic. Maybe the doctor needs to see pictures of your smashed up vehicle.
If you are having problems getting the no-fault payments, then consider contacting the person your insurance company has appointed to deal with consumer complaints. This is usually the company's Ombudsman Liaison Officer. If your complaint is still not resolved, you may contact the Ontario Insurance Ombudsman. If you're still not satisfied with your insurance company's position, you may choose to go to court.
Finally, if the no-fault system prohibits you from suing, and your injuries do interfere with your enjoyment of life, consider making a complaint through the Premier's office. He is Dalton McGuinty, Premier of Ontario, and here is his website:
http://www.premier.gov.on.ca/home/default.asp?lang=EN
I trust this information has been of help to you and thus I would respectfully request that you leave some feedback for me on this site.
Best Wishes,
Dr. Settlement, J.D.
www.SettlementCentral.Com
