LAW RESOURCES & NEWS

ONTARIO GOVERNMENT DEALS ANOTHER BLOW TO INJURED ONTARIO MOTORISTS WITH THE COMMON TRAFFIC IMPAIRMENT GUIDELINE

women on the phone in the background. Foreground reads "available rehabilitation coverage"
Available Rehab Coverage

The Ontario government continues to allow insurance companies to erode coverage for Ontario motor vehicle accident victims. The draft Common Traffic Impairment (CTI) Guideline proposes to reduce available treatment to below critical levels.

Prior to September 2010, car crash victims had up to $100,000.00 in available coverage for rehabilitation. To be clear, insurance companies weren’t writing cheques to claimants in this amount. The funds were only available for reasonable and necessary treatment to aid in recovery. Seldom were the limits reached.

The 2010 changes lowered the coverage $3,500.00 for the vast majority of claimants and OTLA now estimates that under the CTI Guideline, funding will be reduced to approximately $1,000.00 per person.

Truth About Insurance

The CTI study purports to be scientific but a close analysis of the conclusions indicate that it is anything but. Criticism of the Guideline has been widespread by organizations advocating on behalf of car crash victims such as FAIR , the Ontario Psychological Association and the Ontario Rehab Alliance.

So far, the government appears to be ignoring feedback from these organizations and specifically has failed to address their many concerns, including: The inclusion of Mild Traumatic Brain Injuries with the CTI Guideline; The composition of the CTI panel, which did not include an adequate number of diverse practising front-line treatment providers; The anticipated role of the family physician as a ‘gatekeeper’ to services when there is a consensus amongst the Ontario Medical Association and other healthcare professional associations that this is inconsistent with current practice, and will cause treatment delays and increased costs to the healthcare system; and The 6 month treatment window is not scientifically validated.

The studies proffered by the research team demonstrate that 50% of those with CTI do not recover within 1 year after the accident. At this time, the guideline remains subject to a consultation process and has not yet been finalized. However, if the Ontario government’s past approach to motor vehicle insurance provides any indication, the CTI Guideline will come into effect and will further deprive injured Ontarians of the benefits they desperately need to recover.

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About the Author

MARTIN & HILLYER ASSOCIATES

MARTIN & HILLYER ASSOCIATES

For more than four decades, the law firm of Martin & Hillyer Associates has served the legal needs of Burlington, Halton Region and beyond with distinction and dedication. We offer a wide range of legal services to our clients, and specialize in personal injury litigation including car accidents, falls & property negligence, insurance & disability claims, and civil sexual assault lawsuits.

Our lawyers provide free, personal consultations to individuals who are looking for information about their legal options. If you would like to speak with one of our lawyers or to find out more about our consultation process, please complete our online consultation form, or give us a call.