OTTAWA PERSONAL INJURY LAWYER – An example from yesterday reminds me of how vulnerable most accident victims are when it comes to asserting their rights to accident benefits. We have a seriously injured Ottawa man whose accident took place in the late fall 2008.
He came to see us because he had not received any housekeeping assistance. Little did he know how much he was actually entitled to…
We sorted through his file and determined there were multiple benefits that he had not accessed and we initiated the process. The insurance adjuster, very friendly, writes back and says “Yes, you are entitled to these benefits, but you did not submit receipts so you won’t get them. We look forward to receiving your receipts from now on.”
Excuse me? How does he get receipts for benefits he does not know exist? How does he pay for those benefits with money he has not received?
Most lay people, I believe, would take that answer at face value and give up on four months’ benefits. However, we were able to write a letter citing the case law that told the adjuster that her position was wrong and that she had to pay the back benefits.
The result? A letter OF APOLOGY (yes, you are reading right) from the adjuster indicating that she was not aware of the law on that point and indicating that she was recommending that the insurer make payment.
That issue has two positive offspins: First, the client gets the money which he really needs. Second, and also important, the power balance shifts. Now we have an adjuster who, within the first few weeks of dealing with me, has had to apologize and admit she knows less than I do.
Have you been injured in an Ontario accident? A top personal injury lawyer can help you make a claim for the insurance compensation you need. For more information, contact the Ottawa injury lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 860-4529.