About 8 years ago I was involved in an 100% not at fault collision where I was hit head on in Roncesvalles. The opposing vehicle (van) crossed the yellow line at the last minute and I did not have time to react. I flew over the handlebars, somersaulted in the air and bounced off the hood/windshield of the van before rolling off and landing on the pavement. I broke my right wrist and sustained a deep cut to my left knee. Full details and a breakdown of the process/ payouts here: Jevco reviews
The riding course really changed the way I move about - in all modes of transportation, even including walking! I always look at the driver I'm crossing in front of.
Changing topics, one of the guys I went to Mods & Rockers with is having a fundraiser now that he's paralyzed (this was the accident
). I don't really know the details of his insurance or the police outcome or anything like that, but does fault play into account on insurance pay out? I don't want to be a dick and ask why he's having a fundraiser when we're all insured, but I can only guess that our wonderful system is not working out for him at the moment.
For example, let's say you're covered for 1 million for bodily injury, and you were considered at fault, would they still pay you out regardless? Is there any reason why they wouldn't take care of you, or is it a very long drawn out process? I should probably ask Swenard this question...
First off, sorry to hear about your friend in that collision. I don't think you would be a dick for (tactfully) asking why he's having a fundraiser for when we are all insured. Who better to educate you on how good/bad the insurance system is than someone going through the process?
From my understanding, even if deemed 100% at fault, that would not affect how much you would get along the way for your medical treatments and rehabilitation. That's the whole point of the no-fault system we have - your own insurance company has to take care of your rehab regardless of fault. The issues arise when the insurance company feels that you have healed enough that they do not want to keep paying you out, or it's time to finalize the settlement and your % at fault limits your ability to achieve the highest possible settlement amount. On GTAM there are a few insurance specialists that post up in the insurance sub-section, to whom I would suggest you or your friend direct specific questions to become aware of the multitude of options available on how to best proceed.
In your friends case, since he has suffered what the insurance company would deem as a serious and permanent injury, they have to deal with it differently, but the bureaucracy of it remains the same, as well as the snail like pace at which they operate. For example, irrespective if he was making $1000/week as his pre-accident net earnings, the max income loss benefit is $400/week until final settlement. It is up to the injured party to keep records of all costs, both experienced and projected to include in the final lawsuit/tort claim. If the claim is going to take years to finalize, then it is very reasonable and likely that this person could be on the brink of financial ruin while waiting for insurance to pay out. This does not even take into account the intense stress that perceived financial ruin has on the individual which can greatly impede the ability to heal quickly. And as Rocky pointed out, never forget that the insurance company is in the business of making money, not doling it out, so it's important to immediately recognize what steps you need to make in this type of situation to help yourself on all levels - financially and medically.
I don't really know, but I'd tend to maintain that the insurance industry is a money-making scam.
My girlfriend was in a car accident back in April. She was completely not at fault. She sustained injuries to the muscles in her back and neck from the accident, but the insurance company refused to pay for her physical therapy after approx. $3,000 worth of treatments. She has gone to a lawyer, but, so far, nothing has come of it.
I've said before that a for-profit insurance industry should not exist. The profit motive in these sorts of industries will tend to lead towards increased premiums and decreased payouts in the name of ever-increasing profits. Maybe your friend's case, as with my girlfriend's, is just another example of this.
Rocky - sorry to hear about her injuries. Back and neck injuries can be complicated healing processes and are certainly tougher to treat. Has she seen an Osteopath? They may offer her a great deal more healing potential than a typical physical therapist can offer as they treat beyond the site of the symptom. Osteopaths are typically pre-existing professionals (physio's, chiro's, massage therapists, etc) who feel that they need more tools and a broader and more holistic view of the human body and health care than the compartmentalized fields we traditionally recognize. PM me if you have any questions as my partner is one.
I went with ThomsonRogers (Bay/Richmond) who are one of, if not the biggest, personal injury law firms in Ontario. Their fee was about 25% of my total settlement amount (paid after settlement - nothing up front), which was more than fair considering how aggressive they were and they got me about 8x what the insurance company was offering as their final offer. I can not stress how pleased I was with their service, including all communication with me, professionalism throughout the process and aggressiveness with dealing with both insurance companies. I essentially sued my own insurance company and the other vehicles insurance company and was fairly compensated. In Ontario it's not like states where you can sue for a million for breaking a fingernail; here the settlements reached take into account realistic estimations of what any financial loss would have been and only as a result of permanent and serious injury, which can be difficult to quantify with back and neck injuries.
The whole process took about 18 months from date of collision. Again, PM me if you have any questions.