For the full article visit the Toronto Sun

September 8, 2010 marks the 23rd anniversary of an article in the Toronto Star announcing that our then Premier, the Hon. David Peterson, and his Liberal government had a very specific plan to lower insurance rates.

In 1987, this announcement was a culmination of intense lobbying on the part of the insurance industry to convince our provincial government that they were losing money on property, casualty, and auto insurance and, without the help of the provincial government, they would no longer write business in Ontario and force our government into providing government insurance such as the ICBC experience in British Columbia.

Fast forward to August, 2010: The same insurance industry that pleaded poverty and convinced our government to forever change the insurance system in Ontario, now has major players bidding against each other to acquire insurance companies with a strong presence in Ontario in the areas of home and automobile insurance.

It was reported in the August 14, 2010 edition of the National Post that Aviva PLC , one of Britain’s biggest insurance companies, and the parent of Aviva Canada, had turned down an offer of $8.1 billion from RSA Insurance Group PLC, another one of Britain’s biggest insurance companies, and the parent of Royal and Sun Alliance Canada. RSA is reported to have written premiums in the first half of 2010 in the amount of $917 million, up from $849 million in the same period last year.  Private insurance companies lost $1.2 billion in Ontario’s auto section since 2008, according to the Insurance Bureau of Canada.

It is obvious that the insurance industry despite its plea for mercy two decades ago has not been particularly honest and forthright with the citizens of Ontario about its financial state.

In fact, if we go all the way back to February 14, 1989 the official records of the Legislative Assembly of Ontario record, in response to the government’s very specific plan to lower insurance rates, that the insurance industry was making it clear  in 1989 that they were looking at premium rate increases of about 17% . There was heated debate over the issue of how a mandate to change the insurance system in order to lower rates in 1987 could turn into a request for such a large increase in premiums in 1989.  Notwithstanding, the Ontario Motorists Protection Plan came into force in Ontario in 1990.

Again and again, every few years, the law changes, more in favour of the insurer then the insured.

Now, effective September 1, 2010 we have many changes to the Ontario Automobile Insurance legislation. The changes have already been widely published (check out our blog to find out how these changes could impact you).  However, the theme is constant, the negative changes far outweigh the positive changes by 10 – 3. First there was No Fault insurance, then there was a $10,000 deductible, followed by a $15,000 deductible, followed more recently by a $30,000 deductible.

Now, simultaneously, we find out that the largest of all the insurance companies have billions of dollars at their disposal to make offers to purchase other insurance companies, to grow their own business. How can this happen in an industry that has been lobbying for concessions for almost two and half decades with an argument that they are losing money?

It now becomes more than ever, the mandate of Neinstein & Associates, our team of hardworking lawyers and dedicated accident benefits clerks to play hardball with the insurance industry for as long and as hard as it takes to obtain the maximum benefits for our clients.

Harv Lewin is a Lawyer at Neinstein & Associates

sources:

Financial Post

Hansard Ontario (Automobile Insurance)

• An immediate 24 hour license suspension
• 30 day license suspension
• Up to a $500 fine

There are more severe penalties for drivers currently participating in the graduated licensing program.

Despite this attempt by the McGuinty government to curb drinking and driving, Kevin Wiener, a a 20-year old Toronto resident, is challenging the new law as age discrimination and a violation of the Canadian Charter of Rights and Freedoms. Wiener argues that the legislation is selectively applied to drivers under 22, when it should have broad application to all drivers, regardless of age.

Below are impaired driving statistics:

• The peak ages of drinking and driving collisions are between 19 and 21
• In Ontario, 235 drivers age 21 and under were killed in drinking and driving collisions in the latest 10-year period for which statistics are available

For more information on the new legislation CLICK HERE

If you or anyone you know has been injured by an impaired driver, please contact Neinstein & Associates

For more information about these events and how to participate and/or donate visit their websites below:

All went well for a short while until the cheques issued by the insurance company and made payable to our client started to go missing from our client’s mailbox on a monthly basis. Of course, our client could not survive financially without her monthly payments. We were called upon to assist her with preparation of affidavits, obtaining replacement cheques, and having the cheques forwarded to our office for pickup by our client.

It is now 2009, funds still come to our office monthly for pickup by the client. Almost 7 years post accident, and more than four years since settlement we are still providing this service to our client.

As is the case with most personal injury lawyers, payment for our services stopped when we settled the case. We charged our client an agreed upon contingency fee, and since 2004, have never charged our client another cent for fees.

From time to time clients require something more from their lawyer than just settling their case. In those relatively rare circumstances we have in the past, and will continue in the future, to provide extra time and services without compensation to improve their life or keep helping them on their road to recovery.

Harv Lewin is a lawyer at Neinstein & Associates and has been practicing law for over 38 years.

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 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

The Ontario Brain Injury Association

&

The Brain Injury Society of Toronto

Sixth Annual Mix & Mingle

Thursday June 17, 2010

The Rosewater Room, 19 Toronto Street

5:00 pm – 8:00 pm

Tickets $85 – Contact Us for details

Sincerely,
Frank, Diane and Jeff

According to them when I was crossing on a green light while having the right of way I was hit by a car making a left hand turn speeding at 60 km/hr. The impact was so great I was thrown 10 feet in the air thereby hitting a metal post that jolted me into a state of unconsciousness. I didn’t realize I had sustained a head injury… a deep gouge along the top-side of my head eventually requiring 11 staples to stop the bleeding and protect the wound. I soon realized at the hospital just how serious and traumatic the injuries I sustained and how lucky I was to survive my brush with death.
I needed a “gatekeeper”, an injury lawyer who specializes in and has the knowledge and experience to handle pedestrian accidents. Someone who can watch over me, give assistance to my family and whom I can entrust in getting the compensation I rightfully deserve in order to get better.
A gatekeeper in his own right Jeffrey Neinstein quickly organized a wide range of support staff to build the case. He put me in touch with doctors such as Dr. Hugh Cameron the most respected Orthopedic Surgeon across Canada nationally known for knee injuries, Doctor Donna Ouchterloney director of Head Injury Clinic at St Michael’s Hospital, Doctor Marguilies a veteran psychiatrist known for treating Post Traumatic Stress Disorders and Dr. Gerald Young, who is one of the few Psychotherapists that comes to your home and re-orients victims back into their own environment as a pedestrian. They also set me up to meet with a vocational expert to determine if I’m employable. There were plenty more doctors, specialists and other professionals commissioned to help me fight back the insurance companies. Life would have been much simpler had I hired Jeffrey much earlier.
I found Jeffrey Neinstein to be highly experienced and professional in handling my personal injury case. His expertise and unwavering knowledge in the medical, legal and insurance fields helped me achieve the maximum recoveries for my settlement beyond what I expected without going to trial. Armoured with a well prepared defense that was virtually impenetrable to insurance company’s lawyers I knew that Jeffrey Neinstein would never sell me short.
He was consistent, professional and a no nonsense leader who knew how to organize his team to gather the kind of information he needed to fight on my behalf. He also kept me in touch about my case, informing me about the progress and how smooth and effective it was running.

Now my life is about to change again only this time with a more promising positive outlook and I owe it all to Jeffrey Neinstein and his staff to make that possible.

- EC