Once again the provincial government is making sweeping changes to our auto insurance while trying to keep us in the dark until it is too late for us to voice our opinions. Don't be complacent! Act! Vote, so that we can make a stand to the government where the list of names will be delivered!
I have decided to start this petition to make people aware that their lives could be dramatically affected by these new changes. Being an MVA victim myself, I understand what many people are going through day to day. These changes will make it more difficult to receive medical care and benefits to a point where clinics may refuse to treat you.
I think the government should be taking more of a "watchdog" approach to reduce the number of false claims made by individuals and clinics instead of measures that will be at the cost of victims. The government wants us to cater to the insurance companies instead of protecting ourselves.
Please read the report in it's entirety to get the full context.
Here are some examples of what others think about the new reforms:
http://www.wheels.ca/TADA/article/781294
http://www.thesudburystar.com/ArticleDisplay.aspx?e=2167216
http://news.ontario.ca/mof/en/2009/11/proposed-new-options-for-drivers-buying-auto-insurance.html
The Proposed Changes:
November 2, 2009 10:15 AM
The McGuinty government has announced a package of 41 reforms to automobile
insurance in Ontario.
The proposed reforms, introduced by Finance Minister Dwight Duncan, are based on
recommendations provided by the Superintendent of the Financial Services Commission
of Ontario's Five-Year Automobile Insurance Review report, as well as feedback
received from dozens of insurance industry, health care, legal and consumer experts
and groups.
The reforms would streamline a number of processes for insurers and health care
providers, create a less complex auto insurance system, and protect consumers while
giving them more choice to buy coverage that best meets their protection needs and
budgets.
The government's package of automobile insurance reforms includes the following
proposals:
MEASURES TO PROTECT CONSUMERS
Prohibit objectionable quoting practices including the use of credit scoring, delays
in providing quotes, requiring written applications for quotes and certain screening
techniques.
Expand the definition of "catastrophic impairment" to include single-limb
amputees.
Consult with the medical community to amend the definition of "catastrophic
impairment" and redefine the threshold for catastrophic brain injuries.
Ontario's Proposed Auto Insurance Reforms http://news.ontario.ca/mof/en/2009/11/ontarios-proposed-auto-insurance-...
Increase the efficiency and effectiveness of treatment for minor injuries (whiplash,
sprains and strains). Under the proposed reforms, a new guideline would be
developed to provide for a greater variety of care for minor injuries. The goal of
this guideline would be to reflect current scientific and medical literature. It would
be focused on treatment outcomes and provide health care providers with
numerous milestones that could be used to measure progress.
No element of a risk classification system would use past claims for which a driver
is 25 per cent or less at-fault.
Make mandatory the existing statutory appraisal process under section 128 of the
Act on insurers for property damage claims if the consumer prefers this process
over the courts.
Amend Regulation 283/95 to make it more difficult for insurers to deflect claims
and to ensure that claimants receive accident benefits while the issue of liability
for a claim is resolved.
Amend the Ontario Standard Auto Policy to provide a limited amount of additional
coverage for vehicles with a Gross Vehicle Weight rating over 4,500 kg.
The attendant care benefit would continue to compensate claimants for incurred
expenses. However, to enhance consumer protection and transparency, the SABS
would clarify that where an arbitrator has found that the insurer has been
unreasonable in denying the attendant care benefit, payments should be made
even if no expenses have been incurred.
The health care professional associations and the insurance industry should jointly
develop standards for the delivery of third party medical examinations as well as
qualifications for assessors. FSCO would facilitate the process.
FSCO would to continue to monitor fees and the availability of services in the auto
insurance sector, in particular for seriously injured claimants.
Insurance claims departments need to better focus on the needs of claimants with
serious injuries. The Insurance Bureau of Canada, Insurance Institute of Ontario
and the Ontario Insurance Adjusters Association could work together to train
adjusters on the needs of claimants with serious injuries to reduce exposure to
potential allegations of unfair and deceptive acts or practices.
Conduct annual review of reimbursement rate for travel in a personal vehicle.
Consumers, health care providers and insurers could work together to improve
consumers' awareness and expectations around treatment and outcomes. Some
of the savings from changes in the accident benefits system would be used to fund
these educational efforts.
Ontario's Proposed Auto Insurance Reforms http://news.ontario.ca/mof/en/2009/11/ontarios-proposed-auto-insurance-...
The government would consider legislative amendments to reflect the unique
status of public transit services operated by municipal authorities by excluding
injuries from no-fault where no collision has occurred.
Auto insurers should explore and take advantage of their existing ability to
implement electronic commerce options under Ontario's Electronic Commerce Act,
2000.
The government would consider harmonizing the reports required under sections
289, 289.1 and 417.1 of the Insurance Act.
MEASURES TO INCREASE CONSUMER CHOICE
Provide consumers with more choice by reducing the minimum coverage for
medical and rehabilitation benefits, attendant care, deductibles on court awarded
compensation, and a direct compensation - property damage deductible.
Consumers would have an option to increase any of these coverages.
Reduce the cap for medical and rehabilitation benefits for non-catastrophic claims
to $50,000. Introduce a $100,000 optional medical and rehabilitation benefit
along with the existing $1 million optional benefit.
Provide an option to reduce the tort deductibles to $20,000 (not-at-fault accident
victims) and $10,000 (family members under the Family Law Act), provide that
the deductibles do not apply in the case of fatalities; and do not revoke the
definition of serious and permanent impairment set out in Regulation 461/96.
Make housekeeping and home maintenance expenses and caregiver benefits
optional. Reimbursement for housekeeping and home maintenance expenses and
for replacement caregivers would reflect actual economic losses.
MEASURES TO STREAMLINE THE AUTO INSURANCE SYSTEM AND REDUCE
TRANSACTION COSTS
Assessment costs would be limited to $2,000 per assessment and the fee for
completing forms including any assessment required to complete the form would
be capped at $200. This would also be included as part of a person's medical and
rehabilitation accident benefits, whether they opt for the basic level or additional
coverage. Insurer examinations would also be limited to $2,000 per assessment
and rebuttal examinations would be completely eliminated.
As an interim measure, those who suffer minor injuries in car accidents would
Ontario's Proposed Auto Insurance Reforms http://news.ontario.ca/mof/en/2009/11/ontarios-proposed-auto-insurance-...
receive $3,500 worth of treatment and assessments. This would be included as
part of a person's medical and rehabilitation accident benefits, whether they opt
for the basic level or additional coverage. It would be focused on treatment
outcomes and provide health care providers with numerous milestones that could
be used to measure progress.
Further consultations will be held with health care providers, insurers and
consumers to establish the best approach to control medical and rehabilitation
costs, while continuing to enhance medical care for people injured in accidents.
The government will form a stakeholder advisory committee, made up of experts
from various sectors of the automobile insurance industry, health care providers
and legal professionals. Consumers will also be represented on the committee.
This committee will help advise the government on longer-term reforms, including
improved outcome-based treatment protocols for minor injuries, as well as establish the
best approach to control medical and rehabilitation costs while ensuring consumer
choice of health care providers when obtaining treatments and assessments.
Reduce the interest rate chargeable on overdue Statutory Accident Benefits
Schedule (SABS) payments by insurers to one per cent per month compounded
monthly (from two per cent per month compounded monthly).
Review the SABS to identify provisions that: a) are overly complex and could be
simplified without changing the intent of the Regulation, or b) are essentially
ineffective and could be eliminated without changing the impact of the Regulation.
Section 24 assessments expenses would be subject to the same maximum
monetary and time limits that apply to medical and rehabilitation benefits under
section 19 of the SABS.
The time frame provided to adjusters to review assessment requests would be the
same as the time frame that applies to treatment plans (10 business days) to
allow for proper claims handling.
Availability of in-home assessments would be limited to seriously injured claimants
and would only be used to evaluate their need for attendant care services and
home modifications.
Restrict the ability to conduct catastrophic impairment assessments to
practitioners with appropriate training and experience.
Provide adjusters with some discretion in reviewing assessment and treatment
requests and modify Ontario Regulation 7/00 to reflect proposed amendments to
the SABS.
Ontario's Proposed Auto Insurance Reforms http://news.ontario.ca/mof/en/2009/11/ontarios-proposed-auto-insurance-...
Revoke section 42.1 of the SABS, which allows claimants to obtain an assessment
from their health care provider to address issues raised in an insurer examination.
Only occupational therapists and nurses who have been trained on the use of
Form 1 would be permitted to assess auto accident victims for the attendant care
benefit. This would apply to assessments conducted under both sections 24 and
42 of the SABS.
Amend the SABS to provide for an appropriate cap on the cost of accounting
reports to substantiate a claim for weekly benefits.
The cost of future care cost reports would not be an expense recoverable under
the SABS.
When determining the merits of any future regulatory changes, consideration
would be given to whether a change would increase complexity and regulatory
burden. There should be a compelling reason for making a change that would add
complexity to the accident benefit system.
Contract a forms consultant to assist the Financial Services Commission of Ontario
(FSCO) and stakeholders in simplifying the application process and revising forms
that should first be tested on consumers.
Provide best practice guidelines that would set out standards for communicating
information on the fault determination process and how to challenge a
determination.
FSCO, Workplace Safety and Insurance Board and auto insurers would meet to
discuss how to better harmonize the auto insurance and workplace insurance
systems.
Investigate options for enabling auto insurers to more effectively enforce existing
provisions in the SABS and the Insurance Act that require deductions of all
collateral sources of income benefits.
IMPLEMENTING THE REFORMS
The Minister of Finance intends to implement automobile insurance reforms as part of a
regulations package that would become effective in summer 2010, and continue to
explore further longer-term measures.
Learn more about the new choices available for Ontario drivers purchasing auto
insurance.
Ontario's Proposed Auto Insurance Reforms http://news.ontario.ca/mof/en/2009/11/ontarios-proposed-auto-insurance-...
Alicia Johnston
Minister's Office
416 325-3645
alicia.johnston@ontario.ca
CONTACTS
Scott Blodgett
Ministry of Finance
416-325-0324
scott.blodgett@ontario.ca
Ministry of Finance
ontario.ca/finance
© QUEEN'S PRINTER FOR ONTARIO, 2008 - 2009 - LAST MODIFIED:NOVEMBER 09, 2009
Ontario's Proposed Auto Insurance Reforms http://news.ontario.ca/mof/en/2009/11/ontarios-proposed-auto-insurance-...
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