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Being involved in a slip fall accident or car accident can be an infuriating process for victims. Essentially, because of a slew of limitations, victims may be unable to file a claim or seek compensation from defendants for their traumatic brain injuries. Since different limitations apply, insurance adjusters can be ignorant and decline claims, because there is uncertainty as to how much time the victim actually has to seek accident benefits. Here is a guide to conflicting limitations. In the case Whorpole Estate v Echelon General Insurance Co. from earlier this year, Whorpole sued Echelon because the limitations for which they could file a claim were unclear. For the reason that both the Trustees Act and Insurance Act came into play, the insurance adjusters at Echelon refused to pay compensation because of the previously mentioned limitations. By hiring a Toronto personal injury lawyer you can assure that they will hold insurance companies such as Echelon General accountable. The main point of contention between the two acts, is that the Insurance Act only gives the person that owns a damaged vehicle a year to file a claim, while the Trustee Act allows the family of a deceased person to extend the limitations to two years. In the Whorpole case the driver was killed and therefore the Trustees Act came in to play. However, the insurance company cited the Insurance Act because the car was not owned by the deceased, but rather a family member. In the case, the brother of the deceased argued, that because they were the trustee of the car, the insurance company owed them a duty of care to compensate them for the damage of the car. Yet, the insurance company felt that the insurance act limitations came into play, because the driver (deceased) was the one who they felt had to file the claim and they did not in the year time frame. Ultimately, the court would side with the brother.
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slip fall accident, traumatic brain injuries, accident benefits, Toronto personal injury lawyer,
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