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May 23, 2017

Carranza client wins highest award against auto insurer in Canada

In October 2000 T.N.’s life changed forever when she was involved in a serious car accident that resulted in her suffering a brain injury. She was just 21 years old at the time. Despite her severe injuries, T.N. optimistically tried to return to running her business shortly after the accident, hoping to maintain it while in denial of the impairments she had sustained. She would take large amounts of heavy pain-killers in the earnest belief she could perform at the levels that made her a former two-time high school female athlete of the year. Her once-blossoming business eventually closed.

Due to her injuries, T.N. required help with daily living activities and could not live independently. Her insurer did not explain what services were available to her or pay for what she was entitled to. Her first lawyer did not dispute needed attendant care benefits for several years. For half a decade, T.N. continued to suffer from anxiety, insomnia and loss of appetite. T.N.’s doctor recommended she get a second legal opinion. That's when T.N. turned to Carranza LLP.

*Kevin Doan of Carranza LLP dutifully and tenaciously disputed the insurers denials, claimed needed round-the-clock Attendant Care Benefits, and undertook a relatively rare interim proceeding; seeking immediate 24-hour a day care for her while she waited for the main hearing to take place.

After a lengthy arbitration T.N. won a sizable award, the largest amount of benefits ever granted at the Financial Services Commission of Ontario. She received the Attendant Care Benefits, Housekeeping and Home Maintenance and Income Replacement Benefits that would allow her to receive care twenty-four hours a day, seven days week. To help ease her pain, T.N. was also (separately) awarded access to medical marijuana, the first time ever in Ontario that it has been given under automobile no-fault benefits.
Additionally, and more significantly, T.N. won the highest interest award against an auto insurer in Canada as well as the highest special award against an auto insurer at the Financial Services Commission of Ontario.
T.N. has been awarded the compensation she deserves. She hopes that her significant special award will serve as a lesson to insurers who arbitrarily deny an accident victim’s case so that other people will receive the benefits they are entitled to without delay.
For further details, read a recent article from The Lawyers Weekly here, and read the case summary here.

*Kevin Doan no longer works at Carranza LLP.


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