While the term "Minor Injury Guideline" suggests that the $3,500 cap is limited to minor injuries, this is not the case at all. The definition of a minor injury is so broad that the insurance companies often take the view that it encompasses any and all soft tissue. The problem with this position should be readily apparent to anyone that has even a rudimentary understanding of the human anatomy. Other than bones and skeletal structure, the human body is comprised almost entirely of soft tissue. Many soft tissue injuries to tendons, ligaments and muscles can actually take much longer to heal than fractures to bones. What is more, a fracture to a bone is exactly the type of injury that is covered by OHIP and treated by orthopaedic surgeons and other physicians. Soft tissue injuries on the other hand, often require physiotherapy, massage, or chiropractic treatment, all of which is not covered by OHIP. So, shouldn't it be these soft tissue injuries that are more expensive for the injured accident victim? I thought that the reason why people need auto insurance in the fist place is to cover the unexpected expenses in the event of an accident or injury.
There have been recent decisions that are helping to restore some rights to accident victims in Ontario. Our law firm has also had success in persuading insurance companies to provide treatment beyond the Minor Injury Guideline in cases involving soft tissue injuries.
Iacobelli Law Firm is a personal injury law firm that represents those injured in car accident throughout the province of Ontario. We have offices in Toronto and York Region and offer free consultations to car accident and personal injury victims. If you would like to learn more about your rights following a car accident, contact us to request a free consultation. We can be reached at your convenience 24 hours per day 7 days per week at 1-866-234-6093 or 416-900-1070, or you can complete our online contact form here.
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