Sep 28, 2021 in News Accident Benefits Claims

Accident Benefits Claims: Costs Awarded to Insurer in Contentious Accident Benefits Claim

When a person is injured in a car accident, one of the first things they should do is contact an experienced car accident lawyer. There are two reasons to do this. The first is that a car accident lawyer can help you navigate the sometimes-complicated accident benefits claim process. The second is that you may be able to pursue additional compensation through a personal injury claim.

But what happens when a car accident lawyer complicates the accident benefits claim further? In August, Law Times reported that Ontario’s Divisional Court had urged an applicant for catastrophic accident benefits, and the applicant’s lawyer, to ‘stop relentlessly focusing on peripheral issues’ in lieu of fighting for the benefits to which the injury victim may have been ennamed.

The case, Tipping v. Coseco Insurance Company, involved an injury victim who was hit at high speed while traveling along a highway. He incurred serious injuries, including a traumatic brain injury, that left him unable to work. His original application for catastrophic injury benefits was denied by his insurer, so he applied for a hearing with the Licence Appeal Tribunal (LAT).

Ahead of the hearing, the insurer requested that he undergo a series of examinations, including a neuropsychological assessment. Unfortunately, after what Law Times describes as a ‘long and convoluted dispute between the insurer and the applicant’s counsel,’ the assessment was cancelled and the LAT adjudicator barred the injury victim from proceeding with the appeal.

Per Law Times, the applicant’s lawyer then engaged in a lengthy back and forth with the LAT and its adjudicator, which eventually culminated in the Ontario Divisional Court dismissing the applicant’s application for a judicial review and awarding Coseco Insurance Company $10,000 in costs.

It’s difficult to say whether the applicant’s lawyer was justified in pursuing a request for reconsideration of the adjudicator’s decision. However, it’s clear that the result did not benefit the applicant, especially assuming his injuries were as severe as he claimed.

Accident benefits disputes can be frustrating. Insurers tend to do everything in their power to avoid paying out. That’s why it’s vital to call an experienced car accident lawyer with an established track record of success when you’ve been injured in a crash. At Neinstein, our team has represented thousands of clients over more than 50 years in business, including many whose insurers refused to deliver the benefits they deserved and needed.

If you or a member of your family has been injured in an accident, contact us today to schedule a free, no-obligation consultation.

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