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2024 Brings Increases to Statutory Deductibles
Those who work in personal injury law knew this was coming, but most people have no clue about the annual increases to deductibles that apply to personal injury claims arising from motor vehicle accidents in Ontario.
The Financial Services Regulatory Authority of Ontario (“FSRAO”) has just announced that as of January 1, 2024, general damages deductible for those injured in car accidents in Ontario will be $46,053.20 if assessed at $153,509.39 or less. That’s about $1700 higher than the 2023 deductible (or $1700 less for most car accident victims).
Family Law Act damages for family members of MVA victims will be subject to a $23,026.61 deductible in the new year if assessed at $76,754.06 or less.
These deductibles directly benefit insurers as, by statute, they are entitled to reduce how much they pay accident victims by the amount of the deductible (unless the person’s general or FLA damages are assessed above the threshold amounts mentioned above). Deductibles are always considered in negotiating the settlement of personal injury claims arising from MVAs.
Because juries are not allowed to be told about these deductibles during trials of personal injury cases arising from MVAs in Ontario, insurers request that trials of these cases be tried by juries whenever possible. It is a strategy designed to increase risk for car accident victims.
The only time deductibles do not apply to MVA claims are in cases where family members of a person killed in a car accident make claims pursuant to the Family Law Act.
The deductibles described above only apply to claims arising from motor vehicle accidents, not any other type of personal injury claim.
This article was written by Personal Injury Lawyer, Sarah Kirshin-Neilans. For additional information, please do not hesitate to contact sarah.kirshin-neilans@mzkenzielake.com.
If you require assistance with any legal matter, speak to a lawyer at McKenzie Lake Lawyers LLP by calling (519) 672-5666.
