Dog Attacks and Bites

When Dogs Attack: Part 1 – Who is Responsible?

In Canada, a dog owner may be liable for injuries their dog inflicts on another person. A person who is attacked by a dog may sue the dog’s owner in law, specifically in tort law. Tort law was created and developed by the courts to address both intentional and unintentional acts that cause injury to another person. Continue Reading

Subpoena

So, You’ve Been Subpoenaed to Testify at the Trial of the Driver of the Vehicle Who Hit You

If you witness or were involved in a motor vehicle collision, you may receive a subpoena requiring you to appear and testify as a witness at the trial for any civil or criminal proceedings commenced in connection with the accident.  In a civil trial, witnesses may be called by both the plaintiff and the defendant. In a criminal trial, witnesses may be called by the prosecution or by the defence on behalf of the accused. This post is intended to provide a brief explanation of what to do if you receive a subpoena and why it is important that you clearly understand the process you are being called upon to participate in. As a subpoena is an order from a court, it should not be ignored or brushed aside. Failing to comply with a court order can result in serious consequences including but not limited to warrants for your arrest being issued and/or charges being laid.   Continue Reading

Family Doctors and the Role They Have in a Personal Injury Claim

In this fast-paced day and age, where many traditional business and service models are changing, it is not uncommon for people to be without a family doctor or regular doctor who they see on a consistent basis.

As personal injury lawyers, we cannot emphasize enough the importance of a family doctor, or seeing the same physician on a consistent basis, to a personal injury claim. This blog post outlines the important role that a family doctor has in a personal injury claim. Continue Reading

Who Are the Different People Involved in a Car Accident Claim?

An Example: Car Accident

Imagine a standard car accident claim. You are injured in an accident caused by another driver. Below, is a simplified image depicting a straightforward rear-ending collision, as an example.

Seems simple enough, right? However, there are many people  involved in even the most straight-forward car accident claim. For example:

A car accident can be overwhelming on its own, particularly if someone has been injured or hurt. The various parties involved can add to this sense of confusion. Time after time we hear from people who are overwhelmed and confused by the sheer number of different adjusters and other individuals involved in a claim.

Who is this “PD” adjuster? Why is this person called a “BI” adjuster calling? How are they different from the other person whose title is “AB” adjuster? Who do I talk to about getting more physio treatments approved?

This is only the tip of the iceberg. The whole scenario can be much more confusing when both drivers involved in the collision have policies of insurance with the same insurance company, or if one party does not have insurance, or if there are injured passengers.

That is why we have drafted this blog – to help you sort through the complex web of people shown above. Below, we break down the different parties and adjusters involved in a collision and explain what each one’s role is.

Your insurance company

Let’s start off with your insurance company.

After you’ve been in an accident, you will want to report the collision to your insurance company right away, as there are time limits that can affect your ability to open a car accident claim and access coverage. Learn more about what you need to remember to do right after a collision here.

Before we dive into the different adjusters that your insurance company will assign to your file, let’s begin by clarifying who “your insurance company” is, because it is not always straightforward.

If you are both the owner of the vehicle and the driver of the vehicle at the time of the accident, then who “your insurance company” is should be straightforward: it is the company that you have purchased a policy of insurance from. If you are the driver of someone else’s vehicle, then (in most cases) “your insurance company” would be the company that the owner of the vehicle purchased insurance from. If you are the passenger in a vehicle, “your insurance company” would (in most cases) be the company that the owner of the vehicle purchased insurance from.

Please note that the above are simplified examples. There may be other factors that complicate whose insurance will cover you and be considered as “your insurance company” for the purposes of your car accident claim.

To learn more about your insurance policy’s Section B coverage, read our past blog post here.

Your adjusters

When you call your insurance company to report an accident, they will most likely open a claim. Depending on what you report to them and the coverage that you have under your insurance policy, your claim may have up to 2 adjusters assigned to it: a Property Damage (or “PD adjuster”) and/or an Accident Benefits (or “AB adjuster”). Each of these adjusters serves a different role, which we outline briefly below. 

Throughout the lifetime of your file, you will be in contact with the adjuster(s) from your insurance company, as they approve repairs to your vehicle, and treatments, disability payments, and other coverage, as applicable, to help you recover from your injuries.

PD Adjuster:

  • deals with the property damage aspect of the claim (damage to your car, etc)
  • may not be applicable if you or the owner of the vehicle have not purchased “fully comprehensive coverage” or Section C coverage as part of the insurance policy

AB Adjuster:

deals with damage to your person including

physical and psychological injuries, and approves coverage for treatments, prescription medication, ambulance bills, disability benefits etc Continue Reading

5 Things You Need to Remember Right After You’ve Been in a Collision

A car accident can happen in the blink of an eye. You can go from waiting at a stop light one second to a collision the next. You can go from driving down the road to bracing for impact in an instant. Even a minor accident can feel overwhelming. You may never have been in an accident and may not have any idea what to do next. You may have been in an accident before, but in the moment, you might forget what to do. Here are 5 things that you need to remember right after you’ve been in a collision:

5 Things You Need to Remember Right After You’ve Been in a Collision Continue Reading