BREAKING NEWS! QB Strikes Down Cap On Minor Injuries!

[GreatWhiteEbola]

Originally Posted by SportsJunky

My mom has a years old auto injury case that is still in discovery, it was filed just before the new $4000 cap was put in. I wonder if this might speed things along since they know more cases will be coming through again.

I actually agree with the cap but on the other hand, my mom was seriously hurt and $4000 grand doesn't come close to covering her expenses and loss of income.

$4 million doesn't cover it?

[Ford Prefect]

I'm normally not much of a fan of litigation, but that was a bad law that was heavily slanted towards the insurance companies and I'm glad to see it gone. I think anyone who is familiar with the law and its background will agree it was biased toward the insurance companies and really unfair to the average citizen.

[I-Hate-Hulse]

A great example of bad apples ruining it for everyone. While $4,000 isn't enough, the $800,000 sought for minor bumps was getting a little too US style for me...

[troutman]

I have the actual decision.

How do I link you to a pdf file?

The option selected by the Crown places the burden of funding the Insurance Reforms primarily on the shoulders of Minor Injury victims.

[Sylvanfan]

Well every case needs to be evaulated on an individual basis. In the case of my wife and myself she was 27 when this accident happened. I don't think it's a major accident, but her car was a total write off, and I don't want to close the case for $4 grand either because we've already incurrred closer to $5000 in expenses I wasn't able to claim and it's not even been two years. We're not screaming for a $200 grand settlement or anything seemingly outrageous, but I think theres no way we should be paying for expenses out of our own pocket for an accident that was 100% the other parties fault. If we have to close the file we need a better lump sum to invest to help us cover future expenses that we may incur.

Do you have a wiki that you can upload the PDF file to Trout?

[Ozy_Flame]

This is lame. Now you're going to see alot of dishonesty come out of the woodwork, and all those people who get nudged at 5 kph are going to claim substantial injuries.

I hate when people try and take advantage of a system. Everyone is so ******* fragile these days, and can't muster up the effort to deal with it like a rationalized human being, let alone being ethical about the whole thing.

Good thing I avoid driving like the plague.

[troutman]

Originally Posted by Sylvanfan

Do you have a wiki that you can upload the PDF file to Trout?

No, how does this work?

[troutman]

Originally Posted by Ozy_Flame

This is lame. Now you're going to see alot of dishonesty come out of the woodwork, and all those people who get nudged at 5 kph are going to claim substantial injuries.

I hate when people try and take advantage of a system. Everyone is so ******* fragile these days, and can't muster up the effort to deal with it like a rationalized human being, let alone being ethical about the whole thing.

Good thing I avoid driving like the plague.

Nonsense. You still have to prove your damages in court.

[flylock shox]

Originally Posted by troutman

Nonsense. You still have to prove your damages in court.

Not my area of expertise, but I would have thought the majority of cases in which substantial amounts are involved, and possibly the vast majority of such cases, are settled out of court. I suppose that will depend in large part on how the first few such cases under the new state of the law turn out, and on the individual insurance companies likely to be footing the bill. Still, some claims, even if totally bogus, are worth settling if you're only concerned about your bottom line (plus, no bad precedent from a settlement).

[troutman]

One Plaintiff in this test case was awarded $21,000.00. The other $15,000.00. The sky is not falling.

[SportsJunky]

Does this link to the decision work?

http://www.actla.com/temp/ts_FB01329...g-Judgment.pdf

[Sylvanfan]

Originally Posted by Ozy_Flame

This is lame. Now you're going to see alot of dishonesty come out of the woodwork, and all those people who get nudged at 5 kph are going to claim substantial injuries.

Actually a lot of the problem is that these people are just saying they're happy to call it a minor injury and get their $4,000. If they file a claim and took it to court it would likely get ruled that it's only a $1500 claim. It's people who've suffered a 10 to 30k claim who are getting it due to this legislation since most of these injuries don't qualify as being major injuries, but they're still legitimate injuries. In a lot of cases this legislation was benefitting people who should be awarded less than 2k but were blindly getting 4 because the cap was convenient and required no work or thought.

[troutman]

Originally Posted by SportsJunky

Does this link to the decision work?

http://www.actla.com/temp/ts_FB01329...g-Judgment.pdf

Thanks. That's it - ACTLA must have just posted this.

Should be a big story in the newspapers Saturday.

I'm happy with the decision, but worried about what the government will try to pull now (on behalf of the Insurance lobby).

[Incinerator]

Originally Posted by troutman

Let's not tar the lawyers... I don't even practice this type of law...

no, but I bet fredr is like this --> right now

[Bend it like Bourgeois]

Don't most provinces have caps - in some form?

[fredr123]

Originally Posted by Incinerator

no, but I bet fredr is like this --> right now

How'd you know?

Actually, I only do a small amount of PI. Nonetheless, it's pretty interesting if you're into this kind of thing.

[Flash Walken]

Originally Posted by fotze

You caught your brother playing Guitar Hero, didn't you?

that's not all he was playing...

[Slava]

Originally Posted by fredr123

How'd you know?

Actually, I only do a small amount of PI. Nonetheless, it's pretty interesting if you're into this kind of thing.

But when you decide to do a whole lot more, I know a financial planner who also does some structured setttlements..

[Ozy_Flame]

Originally Posted by troutman

Nonsense. You still have to prove your damages in court.

Doesn't matter. People are still going to attempt to get a huge payout, even if it ties up resources in the system. After all the time, effort, and money put into the legal battle that I'm sure would be worth it for some people, it's still going to bring the dishonesty out of the leeches who believe they've just won the lottery.

I just went through a similar incident in October where no damage to the car was found (I nudged them at 5 kph) and they claimed to have substantial whiplash injuries, even though both were only in their thirties and were able to walk around and bend looking at the car afterwards.

This is a sad day for otherwise non-malicious drivers.

[Slava]

Originally Posted by Ozy_Flame

Doesn't matter. People are still going to attempt to get a huge payout, even if it ties up resources in the system. After all the time, effort, and money put into the legal battle that I'm sure would be worth it for some people, it's still going to bring the dishonesty out of the leeches who believe they've just won the lottery.

I just went through a similar incident in October where no damage to the car was found (I nudged them at 5 kph) and they claimed to have substantial whiplash injuries, even though both were only in their thirties and were able to walk around and bend looking at the car afterwards.

This is a sad day for otherwise non-malicious drivers.

Not saying that a 5km/hr hit should cause damages, but seriously just because a guy "looks fine" immediately after doesn't mean that they are. These injuries take a couple of days to manifest quite often and they can drag on and on for years.

I totally agree with the fact that people try to juice the system for what they can, and that is deplorable. But I know that my back is still screwed from what some people would term a fender bender, and there is no money on the line for me to say that...so its hard to know what a fair amount would be.