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Minor Injury Guideline 

dreamstimesmall_228021311.jpg" One of the great challenges facing a motor vehicle accident injury victim in Ontario today, is how to pay for medical treatment".  

The Minor Injury Gideline (MIG) is a series of regulations about the amount of medical treatment you are entitled to if your insurance company has made the determination that your injuries are of such minor extent that they need not meet their full obligation to you. Introduced in 2010, the MIG imposes a $3,500 hard cap on the insurance company's obligation to fund all treatment and assessments for specific injuries. 

Simply put, if you have an injury that falls inside the MIG, your automobile insurer will only pay for up to $3,500 in medical treatment. What happened in 2010 was a profound change in the law and to the rights of accident victims.  It has caused my personal injury team at Sharpe, Beresh & Gnys in Niagara Falls, to publicly fight back for car accident victims.

Why is This Such A Big Deal?

Well, to begin with, the $3,500 in coverage is in reality, not even $3,500 since that includes the cost of assessment, examinations and form preparation and that these activities can eat up a good chunk of that $3,500.  We often see people getting maybe $ 2,100 worth of treatment and the insurance company charging them on their own insurance $800-1,000 to have insurance exams that, in the end, decide that the accident victim should not be getting any more treatment.

Secondly, for most people that $ 3,500 amount will prove to be quite insufficient to permit adequate recovery.  The majority of the people we represent need at least $10,000 and some $50,000 and more to become fully recovered.

Assuming that you are still receiving treatment from your medical facility that is being paid by your auto insurer, this is my prediction, my prophetic message as a personal injury lawyer with over 35 years of experience.  Many of you will reach the $3,500 limit provided under the MIG, but you will not be fully recovered from your injuries, and yet:

- you will still be experiencing chronic pain;
- you will still be impaired in doing many activities, that before your car accident, you took for granted;
- your life will not have returned to normal; and
- you will be discharged from medical treatment even though you badly need more treatment.

And why will your treatment end? Is it because your medical provider believes you no longer need treatment? Is it because you no longer want to be bothered with all the trips to their facility?

No, ... your medical treatment will end because your automobile insurer has stopped paying for it, plain and simple. And if you do not have a medical plan that will pay for it and you cannot afford to pay for it out of your own pocket, or at least you prefer not to, since that was what you thought  your paid insurance coverage should pay for.

So, what is someone like you to do?

We often ask health care providers what percentage of their MIG patients are discharged prematurely ... because funding has run out.   And yet require more treatment. The answer might shock you.

It is 1 out of 2.  So understand what we are saying.  If you have been involved in a car accident and your injuries are treated under MIG you have about a 50% chance of having your medical treatment cut off by your automobile insurer leaving you nowhere to turn.

So What Can You Do?  Allow Us to Help You.  

It is difficult to convince an automobile insurer to remove a claimant from the MIG because in so doing, it makes the claim considerably more expensive for them; but on the other hand, this is how they continue to make excessive profits every year --- by denying you what you should be receiving.
And yet, our law firm is settling cases for car accident victims frequently and doing just that - getting them out of the MIG restrictions, helping them with their medical recovery and where applicable, obtaining compensation for pain and suffering, notwithstanding the challenges caused by the threshold law.

We Are Dedicated To Resolving Insurance Disputes for Accident Victims

With a reputation as strong as ours, insurance companies know we are serious and that we know how to overcome their obstacles to avoid paying you what you are entitled to. We understand the hardships that personal injury involves and we will guide you every step along the way to a full recovery and get your life back on track.  We offer FREE initial consultations and unless your case settles in part or in full, no fees are charged.  If you win, we win.  If you lose, we lose.  No recovery, no fees. 

We'll Fight For Your Insurance Rights as a Personal Injury Accident Victim!

Injuries are stressful to you financially, mentally and spiritually. They are a drain on your family and your well-being.  Let us fight for your rights against an insurance company whose only goal is to minimize its payments to you and have you settle early.  We will use our negotiation and litigation experience to ensure that your insurance rights are protected, and that you and your family receive everything that you are entitled to.  We will help you access critical rehabilitation and medical treatment. We will work closely with our network of health care professionals to determine the extent and effect of your injuries and put in place an effective and lasting recovery plan.