In the realm of personal injury law, particularly with car accident cases, the recent decision in Schroeder v. Co-operators General Insurance Company, 2024 ONCA 54 by the Court of Appeal for Ontario provides a critical examination of underinsured motorist (UIM) claims, specifically regarding the timing of demand for indemnification and the commencement of limitation periods. As legal professionals dedicated to advocating for victims of car accidents, it is imperative to dissect and understand the implications of this decision for future cases.
The Schroeder Case: A Brief Overview Lynn Schroeder's ordeal began with a motor vehicle accident in the United States, leading to a journey through the legal system that culminated in a pivotal court decision. Schroeder, seeking compensation beyond the $25,000 offered by the at-fault party's insurer, turned to her own insurer, Coseco, under her underinsured motorist protection. The crux of the legal battle centered around when the limitation period for Schroeder to pursue her UIM claim commenced. The Court's Findings The court's decision hinged on the interpretation of when a "demand for indemnification" was actually made, which would trigger the start of the limitation period. Contrary to Coseco's position, the court found that a formal demand for specific compensatory damages made on February 13, 2019, initiated the limitation period, not previous communications that merely expressed an intent to pursue a claim. Implications for Legal Practitioners This ruling emphasizes a crucial aspect of handling UIM claims: the significance of the timing of the indemnification demand. As car accident injury lawyers, it is vital to recognize that initiating a UIM demand is a double-edged sword. On one hand, it is a necessary step in advocating for the rightful compensation of our clients. On the other, it marks the start of the limitation period, which can significantly impact the viability of the claim. This is particularly important for attorneys in the United States that may be representing a Canadian injured in an auto crash in their state.
Application in Cross-Boder Accident Claims This decision is particularly important in the area of cross-border car accident injury claims. When Canadians are injured in an auto accident in the United States, there is a significant chance that the at-fault party will not have adequate insurance coverage. We regularly assist Canadians and U.S.-based attorneys with the first-party claims arising out of accidents in the USA. American attorneys will frequently send demand letters to the Canadian UIM carrier. This decision provides further clarification with respect to the statute of limitations on such UIM claim. Conclusion The Court of Appeal for Ontario's decision in Schroeder v. Co-operators General Insurance Company provides clarity and protection for individuals navigating the complex landscape of underinsured motorist claims. As a car accident injury lawyer, it is crucial to understand the implications of this ruling, as it not only influences how we advise our clients but also shapes the strategies we employ in pursuing fair compensation for them. This case exemplifies the importance of diligent legal representation and the profound impact of judicial decisions on personal injury law. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims.
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If you or a loved one has been involved in a car accident in Ontario, understanding the concept of catastrophic impairment is crucial. This designation can significantly impact the benefits and support you are eligible for under the Ontario Statutory Accident Benefits Schedule (SABS). This article aims to demystify the criteria for catastrophic impairment in layman's terms, providing examples to help you grasp this important concept.
What Is Catastrophic Impairment? In Ontario, catastrophic impairment is a legal classification used to describe the most severe types of injuries that can result from a car accident. This classification unlocks a higher level of accident benefits, including medical, rehabilitation, and attendant care benefits, to support recovery and adaptation to life after the injury. Criteria for Catastrophic Impairment The determination of catastrophic impairment is based on specific criteria outlined in the SABS. These criteria are designed to identify injuries that have a profound impact on an individual's life. Here’s a simplified breakdown:
Examples to Illustrate Example 1: Jane, a 28-year-old graphic designer, suffers a spinal cord injury in a car accident, resulting in paralysis from the waist down. This type of injury meets the criteria for catastrophic impairment due to the significant loss of use of her legs. Example 2: After a car accident, 10-year-old Alex exhibits a traumatic brain injury that severely affects his cognitive functions and development. Alex’s condition qualifies as catastrophic because it disrupts his normal development. Example 3: Mark loses his sight in both eyes due to an accident. This total loss of vision qualifies him for catastrophic impairment status, providing access to enhanced benefits for his rehabilitation and care. Example 4: Following a car accident, David exhibits extreme post-traumatic stress disorder (PTSD), characterized by severe anxiety, flashbacks, and social withdrawal, preventing him from engaging in any meaningful work or social activities. This extreme impairment in psychological functioning aligns with the eighth criterion, classifying his condition as a catastrophic impairment. Why It Matters Being classified as having sustained a catastrophic impairment means access to more extensive support to cover the costs associated with long-term recovery and living with a severe injury. This includes higher limits for medical and rehabilitation costs, as well as attendant care benefits. The Role of a Personal Injury Lawyer Navigating the process of being classified as catastrophically impaired can be complex. A personal injury lawyer with experience in car accident cases in Ontario can provide invaluable assistance. They can help gather the necessary medical documentation, work with medical professionals to assess your injuries, and guide you through the claims process to ensure you receive the benefits you're entitled to. Conclusion Understanding catastrophic impairment is essential for anyone involved in a severe car accident in Ontario. Recognizing the impact of your injuries and how they align with the criteria for catastrophic impairment can be the key to unlocking the support and financial assistance necessary for your journey to recovery. If you or someone you know is navigating this challenging path, reaching out to a skilled personal injury lawyer can make all the difference in securing the benefits and care needed to move forward. Remember, you're not alone. Knowledge is power, especially when it comes to understanding your rights and benefits under the Ontario Statutory Accident Benefits Schedule. Have Questions? Contact Us Today! Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. Navigating the aftermath of a car accident in Ontario involves understanding various legal aspects, especially when it comes to claiming compensation for lost income and diminished earning capacity. A closer look at Section 267.5(1) of the Ontario Insurance Act can shed light on the protections and limitations it places on liability for these types of damages. Let’s break down this section to clarify what individuals can actually recover, debunking common misconceptions along the way.
Understanding Section 267.5(1) This section of the Ontario Insurance Act is designed to limit the liability for damages related to income loss and loss of earning capacity resulting from bodily injury or death due to the use or operation of an automobile. Specifically, it outlines three key limitations:
Applying the Provisions with Examples Example 1: Short-term Income Loss Suppose you earn $100,000 annually and are injured in a car accident, preventing you from working for two weeks. Under Section 267.5(1):
Example 2: Long-term Reduction in Earning Capacity Imagine your injuries result in a long-term reduction in your capacity to work, decreasing your salary from $100,000 to $75,000 annually:
According to the act, you're entitled to recover 70% of this lost earning capacity, amounting to $17,500 annually, until the trial verdict or settlement. Key Takeaways
Conclusion Section 267.5(1) of the Ontario Insurance Act doesn't preclude individuals from recovering compensation for lost income or diminished earning capacity unless the loss exceeds 70%. Rather, it specifies that 70% of such losses are compensable, subject to the act's provisions. It is important to note that the calculations above are provided as a simple example for demostration purposes only. The actual income loss claimed is also subject to regulation, which would impact the calculation and the amount recoverable by the injured party. Understanding these nuances is crucial for anyone involved in a car accident in Ontario, ensuring they are fully aware of their rights and potential compensation. If navigating these legal waters feels overwhelming, consulting with an experienced Ontario car accident lawyer can provide clarity and support through the process, ensuring that your claims are accurately addressed and maximized. Note: This article is for informational purposes only and should not be construed as legal advice. Individuals seeking legal counsel should consult with a qualified lawyer. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Yes, Ontario is a No Fault jurisdiction. This means that if someone is injured in a motor vehicle accident in Ontario as a driver, passenger, or even as a pedestrian or cyclist, they can claim certain accident benefits without regard to fault. These benefits are paid by either an insurance company for an involved vehicle or, in some circumstances, by the Motor Vehicle Accident Claims Fund. Their are priority rules governing which insurance company will pay the no fault benefits.
In addition to the no fault accident benefits, Ontario law also allows claims against the at fault party. That is, in addition to no fault accident benefits, if someone else is responsible for causing the accident, the injured party can also advance an at fault claim against that person or company. In these circumstances the insurance company for the at fault driver will respond to defend and pay the claim. There are limits on at fault claims in Ontario and certain conditions that need to be met to bring an at fault claim. If you have been injured in an accident, you may be wondering what claims you are entitled to and what is covered by no fault benefits. Contact us for a Free Consultation. We can answer your questions so that you can make an informed decision for your future. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Introduction:
In a tragic incident that unfolded on Saturday, November 25, 2023, a somber cloud looms over Highway 60 near Hidden Valley Road in Huntsville. A serious two-vehicle collision claimed the lives of five individuals, shaking the communities of Richmond Hill and North York, Ontario. Among the victims were four teenagers aged between 15 to 17 and a 42-year-old woman. As our hearts go out to the affected families, Iacobelli Law Firm aims to shed light on the rights of grieving families in the aftermath of such devastating events, specifically focusing on Ontario's wrongful death claims under the Family Law Act. Understanding Wrongful Death Claims: The aftermath of a fatal car crash is undeniably painful, and families often find themselves grappling with both emotional and financial burdens. In Ontario, the Family Law Act provides a legal avenue for families to seek compensation for the loss of a loved one in cases of wrongful death. 1. Eligibility for Wrongful Death Claims: The Family Law Act stipulates that certain family members have the right to file a wrongful death claim. Typically, this includes spouses, children, grandchildren, parents, and siblings of the deceased. These individuals may be entitled to compensation for the losses they endure due to the untimely death of their loved one. 2. Recoverable Damages: In wrongful death claims, families may seek compensation for various types of damages, including but not limited to:
3. Time Limits for Filing Claims: It is crucial for grieving families to be aware of the time limits associated with filing wrongful death claims. In Ontario, the limitation period is generally two years from the date of the deceased person's death. Seeking legal advice promptly is essential to ensure that families do not inadvertently forfeit their right to compensation due to delays. 4. Legal Support for Families: Navigating the legal complexities of a wrongful death claim can be overwhelming, especially in the midst of grief. Iacobelli Law Firm is dedicated to providing compassionate and experienced legal assistance to families seeking justice and compensation for their losses. Conclusion: The tragic car crash near Hidden Valley Road serves as a poignant reminder of the fragility of life and the devastating impact such events can have on families. As we extend our heartfelt condolences to those affected, we also want to empower families with the knowledge of their rights under the Family Law Act. In these challenging times, Iacobelli Law Firm stands ready to offer support, guidance, and legal representation to help families navigate the path toward healing and justice. Note: This article is for informational purposes only and should not be construed as legal advice. Individuals seeking legal counsel should consult with a qualified lawyer. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". At Iacobelli Law Firm, we are proud to announce that our dedicated team of personal injury lawyers is gearing up for a trial in Newmarket, Ontario. On November 20, 2023, we will step into the courtroom with our colleague, Adriano Pranzitelli, to fight for justice on behalf of a passenger who was injured in a motor vehicle accident. This trial is not just about securing compensation; it's about standing up against the injustices that some insurance companies perpetrate. The Case: This particular case has reached trial because the insurance company for the at-fault driver has stubbornly refused to provide any compensation to the injured victim. The Plaintiff, a mother of 2, was a passenger in a car operated by her husband, when they were suddenly t-boned on the passenger side by a careless driver. The insurance company for the at-fault driver has admitted that their driver was at fault for causing the crash, and has also acknowledged that the plaintiff had injuries from that crash. Nonetheless, they have taken a hardline stance. The truth is, if the victim loses her trial, the insurance company will ask the judge to order her to pay them for their legal expenses- this could be as much as $100,000. It is a terrifying scenario for most anyone injured in an accident, and the insurance companies know it. Insurance companies are billion dollar companies and they can afford to hire lawyers to delay and deny claims for years. Unfortunately, they sometimes use this power imbalance to strong arm victims into accepting unreasonable settlements or walking away completely. The insurance company here is a British multinational insurance company headquartered in London, England - it has a large share of the Ontario auto insurance market. It is no stranger to these tactics, and this case is yet another example of their aggressive approach. The plaintiff's fight for justice has become a battle against not only the insurance company but also a system that sometimes enables such behavior. The Importance of This Trial: This trial represents more than just another legal proceeding. It is a fight for justice, accountability, and the rights of accident victims. It is an opportunity to challenge the tactics employed by insurance companies that can leave individuals who have already suffered from accidents in even greater distress. In a jury trial, the plaintiff and the defendant are afforded the opportunity to present their case to an impartial group of individuals who will determine the outcome based on the evidence presented. While insurance will play a critical role in the case, the jury will not be made aware of its involvement. This ensures that the verdict will be reached solely on the merits of the case, unclouded by preconceived notions about insurance companies or their practices. Our Commitment: At Iacobelli Law Firm, we are committed to advocating for our clients, even when faced with roadblocks imposed by big insurance companies. We believe in holding those responsible for injuries accountable and ensuring that victims receive the compensation they deserve. This trial is a testament to our unwavering commitment to fighting for justice. Learn More About Jury Trials and Some of the Hidden Truths that Help Big Insurance Companies Deny Justice It is mandatory for Ontario, Canada auto insurance to include no-fault benefits coverage. In Ontario, this is referred to as Statutory Accident Benefits. In the United States, this first-party coverage is sometimes referred to as PIP and/or Med-Pay. Ontario auto insurance policies provide coverage for medical expenses, attendant care and, in some circumstances, housekeeping expenses. Ontario's no-fault coverage is available when a Canadian resident is injured in a motor vehicle crash while in their home province, or while travelling abroad. This coverage is particularly important for Canadians injured while traveling in the United States, because of the high cost of US emergency medical care.
It is important to be aware that there are specific forms and notice requirements in order to obtain no-fault benefits from your Ontario auto insurance policy. If the accident occurred in the United States, you will have to elect between Ontario benefits and those available in the US State where the crash occurred. This is an extremely important decision, which should not be taken lightly. The choice is final, and can have major consequences. Many US states have modest standard no-fault benefits or none at all. Depending on the nature and severity of the injuries, Ontario's benefits can be as much as $1 million dollars for medical treatment and attendant care, in addition to income replacement benefits and housekeeping benefits. A more modest injury, would provide for $65,000 in medical and rehabilitation coverage in addition to income loss coverage. The point is, the facts of the particular situation are important and a lawyer should carefully consider benefits available under the laws of each jurisdiction before making an election. In Ontario, Canada, there is no right to bring a civil lawsuit for disputes with the insurance company over no-fault accident benefits. Instead, these disputes are within the jurisdiction of a tribunal. This is an important distinction, particularly where the crash happened in the United States. That is, if you already have a lawyer in the State where the crash occurred, they will likely not be able to advance your no-fault case. Finally, for Canadians injured in the United States, there is also available UM coverage in Ontario auto policies. This means, coverage for underinsured motorists that cause the accident. If you are a Canadian injured in a motor vehicle crash in the United States, then you need to be concerned about UM coverage. Most Ontario auto policies provide coverage of $1 million or more where you are injured due to the negligence of an underinsured driver. These claims are contractual in nature, and must be filed in Ontario for Ontario auto insurance policies. That means, you might have to have two lawsuits proceeding at the same time - one in the US State and the other in Ontario. There are deadlines to bringing a UM claim. If you have information that the at-fault driver is underinsured, call me or ask your US attorney to reach out. I have worked with attorneys accross the US to help Canadians obtain all of the compensation they are entitled to both in the US and in Canada. Experienced Lawyer for Ontario and US Car Accident Claims Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States. Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Call us now for a FREE Consultation at 866-234-6093. Calls are answered day and night 24/7. If you are an attorney representing a Canadian injured in the United States, we may be able to help. If someone is driving a car without valid insurance and they are injured in a car accident, can they still sue? Well, Section 267.6 of the Insurance Act, deals with this exact scenario. That section of Ontario law provides the following:
No action by uninsured owner or lessee 267.6 (1) Despite any other Act, a person is not entitled in an action in Ontario to recover any loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile if, at the time of the incident, the person was contravening subsection 2 (1) of the Compulsory Automobile Insurance Act in respect of that automobile. Prosecution not necessary (2) Subsection (1) applies whether or not the person was prosecuted for or convicted of an offence under the Compulsory Automobile Insurance Act. 1996, c. 21, s. 29. Based on the plain language of the statute, a person is usually not entitled to bring a lawsuit for bodily injury or death if they are not insured as required by Ontario's Compulsory Automobile Insurance Act. It is still important to speak to a lawyer if you are not sure whether you have a right to make a claim for your injuries. There may be particular distinguishing facts that will allow a person to bring a lawsuit even if the vehicle was not insured at the time of the accident. Additionally, there may be other no-fault benefits that could still be available even if the vehicle was not insured. If you have questions about your right to sue after an accident while in an uninsured vehicle, contact us to learn more. We are available 24 hours a day 7 days per week. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Car accidents are unexpected and traumatic events that can leave individuals grappling with physical injuries, emotional distress, and financial burdens. If you've recently been involved in a car accident, you might be wondering if you need legal representation. While not every accident requires a lawyer, certain circumstances warrant seeking professional legal assistance. In this article, we explore key indicators that can help you determine if you need legal representation after a car accident.
The Severity of Injuries One of the most critical factors in deciding whether to seek legal representation is the severity of injuries sustained in the car accident. If you or your passengers have suffered significant injuries, such as broken bones, head trauma, spinal cord injuries, or injuries requiring hospitalization, it is essential to consult with a personal injury lawyer. A lawyer can help ensure you receive fair compensation for your medical expenses, lost wages, and pain and suffering. Unclear Liability or Disputed Fault Determining liability in a car accident can be complex, especially when there are disputes regarding fault. If the other driver denies responsibility or if there are multiple parties involved, having a skilled personal injury lawyer by your side can be invaluable. An experienced lawyer will investigate the accident thoroughly, gather evidence, and work to establish fault, increasing your chances of obtaining a favorable outcome in your case. Insurance Company Tactics Dealing with insurance companies can be overwhelming, especially when they employ tactics to minimize payouts. Insurance adjusters might try to settle quickly for an amount that may not adequately cover your damages. Having legal representation can level the playing field. An injury lawyer can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement that encompasses all your losses. Long-Term or Permanent Injuries In cases where car accident injuries lead to long-term or permanent disabilities, the stakes are significantly higher. You may require ongoing medical treatment, adaptive equipment, and assistance with daily living activities. A personal injury lawyer can help assess the full extent of your damages and fight for appropriate compensation to secure your future well-being. Loss of Income and Earning Capacity If your car accident injuries have resulted in time off work or an inability to perform your job at full capacity, you may be entitled to compensation for lost wages and diminished earning capacity. A lawyer can assist in calculating these losses and ensure you are appropriately compensated for the impact the accident has had on your financial stability. Legal Complexity and Statute of Limitations Navigating the legal process can be complex, especially if you're unfamiliar with personal injury laws and procedures. Missing important deadlines or failing to adhere to the statute of limitations could jeopardize your ability to file a claim altogether. By hiring a knowledgeable lawyer, you can rest assured that your case is handled properly and within the required timeframe. After a car accident, knowing whether you need legal representation can be challenging. However, if you find yourself facing severe injuries, disputed liability, pushback from insurance companies, or long-term repercussions, seeking the counsel of a personal injury lawyer is advisable. A skilled lawyer will protect your rights, assess the full extent of your damages, and work tirelessly to secure the compensation you deserve. Remember that many personal injury lawyers offer free initial consultations, allowing you to discuss your case without any financial risk. If you're uncertain about whether you need legal representation, it's always best to consult with a lawyer to understand your options and protect your best interests. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". As car accident injury lawyers, we see firsthand the impact that car accidents have on mental health and emotional well being. These injuries may be invisible to most, but to the victim the impact of a mental health injury can be catastrophic. While the physical injuries sustained in a car accident are often the focus of medical attention, it is important not to overlook the impact that car accidents can have on mental health and emotional well-being. Here are some of the ways that car accidents can impact mental health and emotional well-being:
Even a car accident that does not cause any physical injuries can result in major emotional and mental health issues. If you have been involved in a car accident, and your noticing changes to your mood or emotions, it is important to seek medical attention. A mental health professional can help you process the trauma of the accident and develop coping strategies to manage the emotional injuries. If you know someone that was involved in a car accident, pay attention for signs of mental health injury and encourage your loved one to get appropriate help. The good news is that, in many cases, mental health issues following a car accident can improve with psychological treatment. I recently sat down with a clinical psychologist, Dr. Jeremy Frank, to learn more about mental health after a car accident and options for victims to get better. The video is posted below or you can watch it on our YouTube channel or Podcast. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". |
AuthorAndrew Iacobelli is an Ontario lawyer that restricts his practice to representing personal injury victims and their families. Andrew is the founder of Iacobelli Law Firm. Archives
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