The Unfairness of Insurance Deductibles When a Family Member is Injured or Killed
Most people are familiar with insurance “deductibles” associated with property damage claims. When a stone chips your windshield or your car is damaged in a fender bender, your insurance company will pay for repairs, less your deductible amount.
Few people are familiar with the insurance deductibles that apply to injury claims. These deductibles are a creation of the provincial government. They significantly limit the amount that people can recover in damages when a loved one is injured or killed in a motor vehicle collision.
When a person is injured or killed in a motor vehicle collision, a lawsuit can be brought against the person or entity responsible for the collision. Our law recognizes that family members suffer a loss of care, guidance and companionship when a loved one is injured or killed. Family members can sue for damages for these losses.
Regulations to the Insurance Act provide that claims by family members for loss of care, guidance and companionship are automatically reduced by $15,000. In many cases, this deductible wipes out the claims of family members entirely. In other cases, the $15,000 deductible will reduce the claim to a paltry amount that is not worth pursuing in a lawsuit. Because of this government imposed deductible, many family members of people injured and killed in motor vehicle collisions go uncompensated. Several organizations are currently petitioning the Ontario government in an effort to have the law which applies the deductibles amended or repealed. If you are concerned about the unfair deductibles applied in these cases please contact your Member of Provincial Parliament. At Oatley Vigmond, we act exclusively for injured persons. If you or someone you know has suffered an injury, we may be able to help.
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