A calamity or tragedy can strike at any time – putting numerous people in danger. This was the case for Terri-lynn Robison after her husband set their bedroom on fire with a barbecue lighter.
Following an argument that led to a break-up, the husband went out of the room and came back only to set one of the bedskirts on fire. This alarmed Terri-lynn, causing her to run outside and grab her dog. The husband was arrested with a count for arson and disregard of human life. Terri-lynn had insurance with AllState and filed a claim in order to get paid for $160,000 worth of damages. Her efforts were to no avail; apparently, the law in Ontario stated that insurance companies can deny claims from victims who have damages caused by “intentional or criminal” actions by anyone else in the policy. In this case, the insurance company referred to her husband.
There have been several other cases throughout Canada with the same situation as the above story and the law was still on the side of the insurance companies. This type of case is predominant with shared properties since insurance policies are named on both owners. Unfortunately, when people do not know their rights most of the cases end up forcing the innocent party to pay for the damages out of their pockets.
Compensation Acceptance is Area-Dependent
Since compensation is area-dependent it is good to know that this type of suit may not come to fruition in all provinces. In fact, it has been found that the decision on whether or not you will be compensated for your disability claim depends on where you live. This insinuates an apparent inequality in the insurance coverages throughout the country.
At present, there are only a handful of areas such as Quebec, Manitoba, Alberta and British Columbia where there are laws compelling companies to pay claims to “innocent co-insureds”. These apply when the victim between two property owners that have suffered damages due to the actions of the other one. In the above case, the innocent co-insured would be Terri-lynn. There is a catch in these laws; even if you get a disability attorney, you are only entitled to receive your half of the compensation with your partner’s half forfeited. Whilst this sounds unreasonable since the other party is fully responsible for the assault, it is safe to say that at least you are getting some of the benefits.
You Can Fight to Claim Your Benefits
Whether you are injured at work or have a long term disability, getting denied by your insurance company is not the end of it. In fact, as long as you think you deserve to get paid and you have the documents to prove it, you can hire a disability claim lawyer to help you file an appeal.
A disability attorney can assist you with:
- Reviewing claim documents you are about to submit to your insurance company in compliance with the additional information that they require.
- Preparing necessary documents for filing an appeal to the court in case your insurance provider still had your insurance claim denied.
- Filing a legal appeal to court to demand your insurance company to pay the benefits owed to you due to a disability, calamity or any incident that entitles you to a claim under your insurance policy.
- Presenting and defending your case in court in order to win the trial.
- Representing you whenever you cannot attend a hearing due to acceptable reasons.
Pothole Claims And When You Can Get Them
One controversial street accident you can encounter is damaging potholes. If you have applied for a claim to cover the damages of this incident, but have been denied, it is best to get a disability lawyer.
The most common scenario for this is that you damage a pothole and take damages on your vehicle as well. You try to report the incident so you can qualify to claim for damages, but the office you went to said you have to go to another office the next day. You ended up doing this, but then they refuse to approve your claim because apparently the pothole has been fixed before you reported it to their office. In fact, the first time you reported it has already prompted the city to do the repair. Thus, you end up wondering what actually happened.
Cases like this are very common and have been subject for debate among insurance companies and their clients. The city also plays a huge role in this discussion. The fact that they adapt to a policy that denies claims if after the pothole has been fixed only suggest they want to take advantage of the provision. Thus, if you want to successfully get a claim, make sure you take photos with time stamps and report it immediately.
