New deductible effective August 1, 2015. Does it apply to all claims?
November 15, 2015, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
The New Deductible
The deductible that applies to general (pain and suffering) damages has been amended by the Ontario government effective August 1, 2015. The deductible and the threshold at which the deductible applies have been increased to account for inflation. These amounts will also increase at the start of each year by the rate of inflation.
The statutory deductible for general (non-pecuniary /pain and suffering) damages has increased from $30,000.00 to $36,540.00.
The threshold for general (non-pecuniary / pain and suffering) damages at which the deductible applies has increased from $100,000.00 to $121,799.00.
The statutory deductible for general (non-pecuniary) damages for Family Law Act (FLA) claimants (spouse, children, grandchildren and siblings)has increased from $15,000.00 to $18,270.00.
The threshold for general (non-pecuniary) damages for FLA claimants has increased from $50,000.00 to $60,899.00
For a fatality claim, there continues to be no deductible for FLA claimants.
One significant issue has to deal with whether this new deductible and threshold for general damages will apply to claims that were started before August 1, 2015. The insurance industry is currently taking the position that the deductible will apply to all claims. The matter will have to be resolved through the courts. For now, the uncertainty will have to be factored in when considering resolution of the claim.
|Posted under Car Accidents, Fractures, Motorcycle Accidents, Pain and Suffering, Pedestrian Accidents, Personal Injury
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About Deutschmann Law
Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.
The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.