AB Claim Lawyers

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Grillo Barristers Best Business 2018Salvatore Grillo | Distinguished Lawyer

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AB Claim Lawyers

When a benefit is denied by an insurer, formal written notification is provided by the insurer to the claimant. The denial usually comes following an Insurer’s Examination – under Section 44 of the SABS. If the claimant then wishes to challenge the denial of benefit, he/she is subject to section 280 of the Insurance Act which provides that the parties must participate in a mandatory mediation with a mediator from the Financial Services Commission of Ontario (“FSCO”), in an attempt to resolve the dispute. Assuming the mediation is unsuccessful, a Report of Mediator is issued to the parties and then, an application for arbitration is submitted with FSCO Arbitration proceedings, which is subject to the Dispute Resolution Practice Code. The Insurer will typically not engage in Settlement negotiations within the first year of your claim.

Insurer’s Examination

The Insurer may subject a claimant to medical examinations for several reasons and subsequently may deny one or more benefits based on the opinion (s) of medical doctor(s) who assess the injured victims on behalf of the insurance companies.

These assessments are also known as insurer’s examinations. The insurance company has a right to have the car accident victim assessed and provide the insurer with a copy of the results and the decision that follows such an examination. If benefits are denied, a claimant can enter in a Dispute between the claimant and the insurance.

Examination Under Oath

Insurance companies are entitled to examine a claimant under oath. These examinations are done with the present of your legal reprehensive. The examinations are usually done if there are coverage disputes but can also be done so that the insurer can better evaluate a claimant’s injuries and the claim.

An Examination Under Oath could expedite the approval of benefits previously denied by the insurer. However, it could also be detrimental to a claim, if the claimant is not aware of the procedures and lacks knowledge of the law. We highly encourage you to seek legal advice prior to participating in a EUO.

Mediation

Also known as Alternative Dispute Resolution (ADR), mediation takes place when a disputes arise as a result of a denial from the insurer. It is an informal process where a Mediator is appointed by the government and helps the parties involved resolve the issues in dispute. Many claims settle at this stage. If the Mediation fails the next step is Arbitration.

Pre-Arbitration Hearing

Once an application for Arbitration is submitted, a Pre-Arbitration hearing is scheduled. An Arbitrator is now appointed to guide all the parties to either reach a solution or to set orders for an Arbitration. The Pre-hearing requires all parties to attend with full authority to settle the issues in dispute.  In many instances, the insurer will be looking to use this opportunity to negotiate a full and final settlement of the entire claim.  Although it may be tempting to enter into a full and final settlement at this stage, sometimes the amount of information required is not available or the claim is not ready for settlement. However, a large portion of claims do settle at this stage.

Arbitration

Arbitration is a well-established and widely used means to end disputes. In this stage, an Arbitrator will be appointed and he or she will make the final decision.

Settlement

As per the legislation, cash settlement discussion can only commence a year after your accident. Your legal representative will help negotiate on your behalf to ensure you receive the maximum amount of benefits you may be entitled to.

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Remember, you will not pay any fee until your case is won or settled.

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courtland holder
courtland holder
14:27 12 Feb 18
My wife & I had the pleasure of working with Alexander Lee and Ikbir Khongura. They were excellent in research and information, They both were on time and ready.. very professional and determined to get the best results for us. They worked very hard and made sure we as clients were comfortable, happy and well taken care of! Most importantly they are fighters, they made sure our best interest were put first and our needs were met. A lot of lawyers don't really care, but they made sure justice was served! They did an amazing job in taking care of us and will be recommending their services!
Luci S.
Luci S.
21:46 08 Dec 17
From the moment Grillo Barristers took on my case, until I was able to come to my desired settlement, they have been nothing but amazing, caring and professional. I had an amazing team working on my case, and couldn't believe how well and timely my file was handled. My lawyer Anthony Andreopoulos, with the tremendous help of Justine and Zachary, constantly kept me updated with every action that was taken on the file and made me feel at ease knowing my case was in good hands. I couldn't have asked for a better firm to handle my file, so thank you guys so much for everything, I appreciate it more than you know!
Jan MacMillan
Jan MacMillan
23:28 05 Feb 18
I worked with Rachelle Mitri and her team and I found the company in general and Rachelle in particular to be extremely professional, while being nice people to work with. Ms. Mitri kept me informed of my case. And guided me through an unfamiliar system with great diligence. I always felt valued and respected. Great Lawyers !
Theresa Dea
Theresa Dea
23:10 19 Dec 17
It's unbelievable how long it takes for the insurance companies to settle. They live by the fact that they can outlast you! Don't give up! Hang in there! Stefanie and her team worked hard and did an excellent job. I received the best settlement available!!!
Patrick k
Patrick k
19:13 07 Dec 17
Where do I begin?? I am not usually one to leave reviews on services but this one is definitely an exception. From start to finish, I felt incredibly comfortable having my claim in Grillo's hands. I felt as though the team was in complete control and I could just sit back and receive updates when necessary. With the utmost confident I can say that Grillo Barristers is the best personal injury law firm in Toronto. The process was quick, cheap and stress free. I must especially thank Lauren Sivitilli. Having very limited knowledge of lawsuits, Lauren was able to perfectly break the processes down for me and educate me on my claim. She was quick to answer emails addressing any concerns and always kept me up to date. I will definitely be recommending Grillo Barristers services to my family, friends and coworkers. Amazing!
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