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Page 14 June 15, 2015 • Law Times www.lawtimesnews.com "The insurance companies are a very significant lobby group with the government and carry a lot of political weight," says Moore Mandel. "We've seen consistent ero- sion not only of tort rights but also more recently of accident- benefit compensation available to those who have suffered seri- ous injuries." Kwinter says voters are much less likely to kick up a stink about slashed benefits than increased premiums because while everyone who drives pays for insurance, only a small mi- nority have to rely on accident benefits to continue with their lives after a serious crash. "All people care about is pre- miums, and the government knows that, so they carry on letting the insurance companies call the shots," says Kwinter. Traditionally, according to Moore Mandel, more generous accident benefits would offset the tightening of the thresh- olds on the tort side. But with accident benefits now facing a big squeeze as well, she predicts more intense and complex liti- gation in the future. "When people are more squeezed financially, they're go- ing to look to recover as much as they possibly can on the tort side of the case," she says. "Counsel will be looking for ways to access further dollars on the tort side of the case because there simply isn't enough avail- able under the benefits." That could also mean more drivers facing third-party liability claims beyond their level of cover- age, according to Moore Mandel. "Most people are covered up to $1 million, but if something happens and you cause an acci- dent in which someone suffers a catastrophic injury, your insur- ance may not be enough. If they don't have access to the benefits in place now, then they could come after you to protect them- selves," she says. Kwinter predicts the risk of cases like that will cause more insurance brokers to recom- mend clients purchase coverage up to $2 million. Again, he hears echoes of the early 1990s. "Back then, they thought they were putting us out of busi- ness and they made the same . . . claims about legal fees keeping premiums so high," says Kwinter. "But in many ways, each time they've changed the system, they make more work for us. I remember going to an Ameri- can Bar Association meeting in the middle of it all in 1990 when we were all trembling and meeting a lawyer from Georgia where they have just introduced similar legislation. I asked him what he thought, and he said they loved it. I thought he was crazy, but he explained that the new rules took away all the crap. Sure enough, within a couple of years, our cabinet was still full, but instead of $10,000-$15,000 cases, it was full of $200,000- $300,000 cases." With a focus on higher-value cases, Kwinter says lawyers were able to experiment with new medical testing and improved methods of rehabilitation for clients. "When I started out, nobody had heard of fibromyalgia and nobody had heard of rehabilita- tion clinics," he says. "We had the imagination to hire rehabilitation experts and to understand things like chronic pain and future-care costs. As soon as insurance companies throw up a barrier, we figure out how to get at them. So after 25 years, I've always felt there's enough meat on the bone for us to be able to eat." LT 2015 ONTARIO LAWYER'S PHONE BOOK THE MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS Perfectbound Published December each year On subscription $77 One time purchase $80 L88804-677 Multiple copy discounts available. Plus applicable taxes and shipping & handling. 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Vegotsky, CMA, CFE, CFI Assisting you in Litigation & Forensic Accounting, Financial Investigations x a F r o e n o h p e l e T 0 0 9 e t i u S 0 7 3 1 - 0 3 9 ) 6 1 4 ( , t s a E e u n e v A d r a p p e h S 5 4 Willowdale, Ontario M2N 5W9 (905) 731-5812 evlitigation@rogers.com E. V. Litigation & Financial Services Inc. Elaine G. Vegotsky, CMA, CFE, CFI Assisting you in Litigation & Forensic Accounting, Financial Investigations x a F r o e n o h p e l e T 0 0 9 e t i u S 0 7 3 1 - 0 3 9 ) 6 1 4 ( , t s a E e u n e v A d r a p p e h S 5 4 evlitigation@rogers.com Toronto, Ontario M2N 5W9 (905) 731-5812 CFA, CPA, Vlit_LT_Mar10_14.indd 1 14-03-04 10:18 AM Continual reforms creating more work for lawyers Continued from page 13 John McLeish finds recent cuts to coverage in catastrophic impairment cases particu- larly disturbing. BRIEF: PERSONAL INJURY BOUTIQUES encourages readers to send us letters, but will edit them for space, taste, and libel consideration. 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