Ontario motorists remain unaware of personal injury compensation laws

Published: September 4, 2018

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While Ontario stumbles from one solution to solve its auto insurance woes to another, customers are caught in a confusing state of constant change. Deutschmann Law, a Kitchener-based personal injury law firm, conducted a survey that found motorists are still unsure of Ontario’s laws on personal injury compensation for individuals involved in car collisions.

An independent survey conducted amongst 800 licensed drivers. Results found just 18% of respondents understand the $37.983.33 insurance deductible in Ontario. This is the statutory amount consumers must pay if they receive damages payment for pain caused from an auto accident.

Rob Deutschmann, a personal injury lawyer, says victims are essentially “hurt twice” due to this deductible, while it reduces the money they eventually receive. Indeed, Deutschmann points out victims are left with a small amount of claims money.

Additional data from the survey shows 51% think the deductible is under $10,000 and not over $37,000. Furthermore, many are unsure what the figure for the upper limit available to victims, which is at $380,000 under current Ontario laws.

“While there’s some evidence of awareness surrounding a deductible, we were concerned to see how little information Ontario drivers and jurists actually have about the limitations surrounding personal injury claims,” said Deutschmann.

“In 2010, the provincial government brought in significant changes to auto insurance, including capping ‘minor injury’ medical and rehabilitation benefits to $3,500, which was a drastic and significant reduction,” Deutschmann told Insurance Business. “They also announced that drivers could purchase additional, optional coverages and threw in an opportunity for people to reduce the amount of deductible that would apply if you were able to sue.”