As for the specifics of Yaniv making a claim: In BC and Canada generally it goes to what insurance you had, and what insurance the "at fault" or "not at fault" other party had. Some parts of Canada have a "no fault" compensation system and BC is on track to adopt it. It caps compensation, restricts court appeals, and manages legal costs and premiums. It signals the departure of that particular gravy train from the Yaniv Station. But for this claim:
Yaniv was rear ended, at low speed; a "fender bender". On the face of it the other driver is "at fault" and their insurance comes into play. Usually you initially pursue a claim through your own insurance, and they attempt to recover costs from the other party's insurance or them personally if they are uninsured. But let's put that aside and assume both parties had adequate insurance.
Yaniv would have lodged a claim, probably through his insurer, (possible but unlikely making a direct claim). There's a process to manage quotes for repairs, loaner cars if you have sufficient cover. The claim at this stage would potentially have been a simple one, lodge claim, have deductable waived, pick out a loaner, get car repaired.
At a very early point Yaniv would have started to shop for medical opinions, and build a basis for a claim for permanent injury. An injury claim has several parts. Initial care resulting in any "out of pocket expenses" would be reimbursed. As a bum living off the State he likely would qualify for free care under Canada's universal health care scheme Canadian Medicare. Ambulances, emergency care, pathology, in patient care, recovery, assessment, home care planning, transport home. I have no doubt he milked this, especially as any detailed medical history lays the foundation for a bigger claim.
A tort like this has many parts.
Pain and suffering, chronic pain.
Loss of function, scarring, medical braces, orthoses, etc.
Permanent injury assessed, but must be to a threshold standard.
Care costs, housekeeping, OT, equipment,
Loss of income immediately.
Loss of income over your lifetime.
Medical costs out of pocket.
Medical costs over your lifetime.
Loss of enjoyment, companionship, relationships, sexual capacity.
Anyway, you get the picture. This must have seemed like Wonka's Chocolate Factory to our young Yaniv.
Initially insurance companies are reluctant to "help" a claimant as any such help establishes a history of met needs that might end up on a list of claims. But who knows what this cunning degenerate was able to wangle out of an unseasoned claims adjuster. But soon his fat file will have landed on the desk of a seasoned old dog. And that would basically have tied a knot around the bag of money.
His next step would be, as you have said, to find an ambulance chaser. There's a few in BC. And search terms would give you lots of hope of a big payday.
bc-injury-law.com
archived 19 Jul 2021 23:05:01 UTC
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He will think he has established all the necessary elements for a successful negotiation on a claim. If he does have a lawyer they will have baited him with a "no win no fee" offer, but he should know that he will likely be liable for the costs of producing some of the medical reports, at around $5 K each that argue his level of impairment. Tort factories use dummies like Yaniv to grease their wheels.
In respect of timelines, these torts can take several years, as everything depends on "stability" of the injuries. You medically and forensically document a level of disability, and show it is getting neither better nor worse, then the process of compensation can be mediated, or negotiated, or be judicially settled. Meantime you will be filmed, stalked, documented and harassed by the insurance company seeking to disprove or weaken your claim.
I should mention that any successful claim above a few thousand dollars that includes medical costs usually triggers a repayment requirement to Canadian Medicare for any free health care provided related to the injuries in the claim.
If he wants to sit around being paid to be injured he would be advised to walk into traffic. An actual injury is more likely to result in fully funded care, although it might be in a group home for brain injured quadriplegics if he chooses the wrong intersection.
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