The word inequality is often used to describe civil or human rights issues. But the word takes on a different meaning for people involved in a motor vehicle accident, who suffer injury, and who choose to act on their own behalf in dealing with their own insurance company, without the assistance of a personal injury lawyer.
The basic framework of today’s statutory accident benefits scheme in Ontario was introduced in 1990 as a way to speed up getting injured people the treatment they needed and the money to replace income lost of they could not work. It was also supposed to reduce the need to bring a lawsuit for personal injury suffered in car accidents, and emphasize the relationship between an injured person and their own insurance company. The scheme has undergone several revisions over the last two decades, but the basic premise is still that an injured person should ideally be able to apply for and receive benefits without the assistance of a lawyer.
Reality is very different from that ideal. As of September 1, 2010, the law will change again, and from all appearances, it will be more difficult for injured people to get the treatment they need. Unfortunately, this is where the word inequality comes in.
Insurance companies can be very assistive to injured people. Initially most claims are dealt with in a fairly co-operative manner, with insurance adjusters responding in ways that make the injured person feel that their interests are being looked after by their adjuster. But this relationship often breaks down as time passes, and as the amount of money being spent by the insurance company increases. The insurance company has the financial resources, and the staffing resources, to orchestrate an effective defence to claims being submitted - and often they will use their strength as a means to convey a simple message to the injured person: it doesn’t matter what you ask for, or even what your own doctors or therapists recommend, because the doctors we send you to see don’t agree that you are still impaired, or still need treatment. Psychologically it can be very intimidating to have an insurance company deny your claim, or even just to send you to see their own doctors.
The insurance company is in the business of handling claims. They do it every day and can afford to do it. An injured person is quite often very vulnerable, emotionally and financially, and insurance companies, even without intending to do it, can take advantage of that vulnerability. Very simply, there is an inequality between the insurance company and the injured person, that usually works in favour of the insurance company.
A personal injury lawyer can help level the playing field in Ontario accident benefits cases. A lawyer is familiar with the approaches taken by the insurance company, and is not intimidated by them. Your lawyer will help explain why certain steps are taken by an insurance company, so that you will not feel as vulnerable and helpless in the face of such a large and well-financed corporation.
A personal injury lawyer can co-ordinate actions on your behalf, to stand up to and challenge the decisions of an insurance company about your treatment and receiving benefits. The insurance company may have a financial advantage over you however; having a lawyer reduces that inequality and ensures that your rights will be protected.
In theory, the accident benefits scheme was supposed to reduce inequality, and allow people to receive compensation without the need for a lawyer. In practice, although some people still are successful being unrepresented in the process, in the majority of cases, there will come a point where a personal injury lawyer can help eliminate that inequality by ensuring that the insurance company does not take advantage of the injured person’s vulnerability.
If you have been injured in an accident, it can be helpful even at those early stages of treatment and recovery following the accident, to meet with a personal injury lawyer, to verify that you are not being taken advantage of by an insurance company. Most lawyers will provide an initial consultation at no charge.
Inequality will always exist when it is a case of an individual against a large corporation, just simply because of available financial resources. A personal injury lawyer can help minimize that inequality, to help you face the insurance company head on, and have your rights protected.
The lawyers at Raphael Barristers have been practicing personal injury law for over 50 years. Call for a free consultation at 416-594-1812 or 1-877-217-1812, or visit us at www.raphaelpersonalinjurylawyers.com.
Our personal injury lawyers represent clients with accident claims, accident insurance claims, insurance disputes, short or long term disability benefit disputes and accident benefits disputes, as well as, victims of crime, through the Criminal Injury Compensation Board.
If you have been injured in an accident, have an insurance dispute or have been a victim of a crime, contact a personal injury lawyer today for a free consultation.
