The award amount when the deductible applies for general damages is rising significantly

June 06, 2015, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Ontario government recently brought forward Bill 91, called Building Ontario Up Act (Budget Measures) 2015.  Within the Bill are proposed amendments to the Insurance Act dealing with the “deductible” that applies for general damages (pain and suffering).  Currently, when you are injured in a car accident, motorcycle accident, or any accident involving a motor vehicle, where your claim for pain and suffering is $100,000.00 or less, a $30,000.00 deductible applies, which means the insurer would only have to pay $70,000.00 or less.  Similarly, a $15,000.00 deductible applies for claims brought by family members of the injured party under the Family Law Act where their claim is assessed at $50,000.00 or less.  Bill 91 will increase the limits when the deductible applies.  The proposal would see the $100,000.00 limit increased to $121,799.00 and the $50,000.00 limit increased to $60,899.00.  These limits will increase each year by the indexation percentage published by the Ontario government, presumably the rate of inflation.  At this time it is unclear whether these changes will apply to all existing claims or apply to claims after Bill 91 comes into effect.  Bill 91 did receive Royal Assent on June 4, 2015.  Stay tuned for more changes to come.

Posted under Car Accidents, Fractures, Motorcycle Accidents, Pain and Suffering, Personal Injury

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The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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