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Insurance Litigation: Why They Don't Just Pay

Insurance litigation is what we all hope we won't have to go through when we're in an accident. Accident insurance is supposed to be there to help you through in your time of need, not fight you every step of the way.

Unfortunately, insurance companies need to make a profit, and don't want to pay what they see as unnecessary payouts. Sometimes, when you need them most, they may decide that what you are claiming is not necessary.

It's your job to recover from your accident. It's our job to make sure insurance companies help you to do that, by paying what they're supposed to pay.

A Fight Nobody Wants To Have

There may be a number of reasons for an insurance company to avoid paying. They include disputes or problems concerning:

  • Documentation, deadlines and other paperwork: Requirements for filing and claiming can be confusing. You may be penalized for failing to read or understand the fine print.
  • Fault: Often in an accident, things happen very quickly and it's not easy to tell who did what. Insurance companies for the other party will try to show that you were partly in the wrong, or that their client was guilty of only making an error, not negligence or carelessness.
  • Seriousness of your injuries: If there is evidence that you are able to move, spend time with your friends, and carry out some activities — say, pictures of you going hiking on Facebook — it may be used against you.
  • Ability to work: Sometimes the dispute has to do with just how much work you are capable of, and at what level. Insurance companies may insist that you are able to work full time, even if you are in pain or mildly disabled.
  • Minor Injury Guidelines (MIG): If your insurance company classified your injury as "minor" under Ontario's MIG, the cap on your injuries is significantly lower than if it is not.

Whether we are dealing with your own insurance company or with the other party's, we can help you explain your situation with proof and documentation, and ensure that the compensation you receive is appropriate.

Contact Bergeron Clifford LLP

Don't face insurance companies alone. Let our lawyers fight for your rights and interests. Contact us at 877-391-2923 or fill out our online form to set up an appointment in Ottawa, Kingston, Whitby, Perth or one of our other regional offices. We can also meet you wherever is most convenient for you.