The following are changes to the Ontario Automobile Insurance Legislation. The amendments will come into effect on September 1, 2010.  Neinstein and Associates is providing seminars on the changes.  Please contact Jinny at jinny@neinstein.com for further information.

POSITIVE CHANGES:

• Elimination of the deductible in fatality claims
• No reductions to the Accident Benefits available to Catastrophically injured claimants
• Expansion of the definition of Catastrophic impairment to include single limb amputees

NEGATIVE CHANGES:

• Reduction in the interest rate payable on overdue Accident Benefits from 2% to 1%
• Availability of in home assessments would be limited to seriously injured claimants and would only be used to evaluate their need for attendant care services and home modi fications
• Elimination of Section 42.1 of the Statutory Accident Benefits Schedule which allows claimants to obtain an assessment from their own medical specialist to comment on an Insurerв_Ts Examination
• Medical and Rehabilitation limits reduced from $100,000.00 to $50,000.00 for non-catastrophically injured claimants
• Attendant Care limits reduced from $72,000.00 to $36,000.00
• Elimination of Housekeeping and Caregiver Benefits
• Future care cost reports would not be an expense recoverable under the SABS
• Assessment costs and the fee for completion of forms would be capped at $2000.00 and $200.00 respectively в_” in addition these amounts would be deducted from a claimants Medical and Rehabilitation benefits
• Claimants who suffer minor injuries would be entitled to $3500.00 worth of treatment and assessments

SOURCE:

http://news.ontario.ca/mof/en/2009/11/ontarios-proposed-auto-insurance-reforms.html

In Van Breda et al v. Village Resorts Limited et al, the Plaintiffs, represented by Neinstein & Associates were challenged by foreign Defendants (Superclubs) after they were sued in Ontario for devastating injuries sustained by Ms. Van Breda while vacationing at their resort in Cuba. Superclubs operated the Cuba resort and were based in the Cayman Islands; however the Plaintiffs contracted to visit the resort through the foreign Defendants’ agents in Ontario.

The Court of Appeal upheld the ultimate conclusion that Ontario is the proper jurisdiction for Ms. Van Breda’s claims to be pursued.

Neinstein & Associates continues to show its commitment to do whatever is required to advance their clients’ claims.

There’s still time to make a donation to this worthy cause.  Sponsor Greg or make a general donation today.  Thank you all for your support.

In the first month of 2010 alone, 12 pedestrians have died in traffic accidents in greater Toronto.   Click here for the full story.

If you or a loved one has been injured in a pedestrian/motor vehicle accident, you need to be informed of your rights.  Contact us for a free no obligation consultation. 

Drive & walk safely!

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If you have a cell phone with Rogers or Fido text the word word ‘HELP’ to 1291 to make a $5 donation which will be charged directly to your phone bill.

The following are changes to the Ontario Automobile Insurance Legislation. The amendments will come into effect on September 1, 2010.  Neinstein and Associates is providing on-site seminars on the changes.  Please contact Jinny at jinny@neinstein.com to arrange a seminar at your convenience.

POSITIVE CHANGES:

• Elimination of the deductible in fatality claims
• No reductions to the Accident Benefits available to Catastrophically injured claimants
• Expansion of the definition of Catastrophic impairment to include single limb amputees

NEGATIVE CHANGES:

• Reduction in the interest rate payable on overdue Accident Benefits from 2% to 1%
• Availability of in home assessments would be limited to seriously injured claimants and would only be used to evaluate their need for attendant care services and home modifications
• Elimination of Section 42.1 of the Statutory Accident Benefits Schedule which allows claimants to obtain an assessment from their own medical specialist to comment on an Insurerв_Ts Examination
• Medical and Rehabilitation limits reduced from $100,000.00 to $50,000.00 for non-catastrophically injured claimants
• Attendant Care limits reduced from $72,000.00 to $36,000.00
• Elimination of Housekeeping and Caregiver Benefits
• Future care cost reports would not be an expense recoverable under the SABS
• Assessment costs and the fee for completion of forms would be capped at $2000.00 and $200.00 respectively в_” in addition these amounts would be deducted from a claimants Medical and Rehabilitation benefits
• Claimants who suffer minor injuries would be entitled to $3500.00 worth of treatment and assessments

SOURCE:

http://news.ontario.ca/mof/en/2009/11/ontarios-proposed-auto-insurance-reforms.html

Drivers are forbidden to use hand-held devices to talk, text or email while behind the wheel, or to use portable video games or DVD players.

The only exception to the ban is a 911 call.

Hands-free cellphones remain legal, and global positioning systems (GPS)are allowed if they’re secured to the dashboard.

The Ministry of Transport said the ban is needed because driver distraction is a factor in 20 per cent of all road accidents.

Starting Feb. 1, drivers could face fines of up to $500 if they’re caught violating the ban. There are no demerit points attached to the law.

Police will be warning motorists for the first three months to stay off the phone instead of handing out tickets. But drivers can still be charged under existing dangerous or careless driving laws, which have fines of up to $1,000, six demerit points, a driver’s licence suspension and possible jail time.

A survey released in September showed that about 92 per cent of Ontario drivers intended to obey the law.

Newfoundland and Labrador became the first province to ban the use of hand-held cellphones in 2003, while Quebec and Nova Scotia both moved earlier this year to stop drivers from using hand-held cellphones. Similar legislation has also been introduced in British Columbia.

Saskatchewan and Alberta have also announced their intentions to table similar legislation this fall.

More than 50 countries and jurisdictions around the world have banned cellphone use while driving.

Source: CBC.ca

Proud Sponsors of The 2009 Provincial Acquired Brain Injury Conference

The Ontario Brain Injury Association (OBIA) in collaboration with the Community Support Network (CSN) and with host association the Brain Injury Association of Niagara (BIAN) are holding their provincial conference this year at the Sheraton Fallsview Hotel in Niagara Falls on October 28th, 29th & 30th.

Come visit our booth at the conference to fill out a ballot for the Raptors Raffle. For information and registration, please visit www.obia.ca