The Minor Injury Guideline (MIG) and what you NEED to know
In September 2010, the Ontario Government reduced the medical benefits you could get under your car insurance policy for injuries suffered in a motor vehicle accident.
The $100,000.00 limit for treatments not covered by Health Care systems was reduced to $50,000.00. But for accident victims who had minor injuries, such as strains, sprains and whiplash, the $100,000.00 was slashed to $3,500.00.
The $3,500.00 cap was designed to stop unscrupulous rehabilitation providers from making clients come back for more and more unnecessary treatments.
And while you could opt to pay higher premiums to boost your benefits beyond the $50,000.00 you were stuck with the $3,500.00 minor injury limit-whether you wanted to pay more or not.
The massive cuts were supposed to lead to lower rates, but most people still pay as much as before. Sadly, it is with ongoing regularity that we see people with injuries that surpass what is to be considered by the insurer as a minor injury, being stuck in this guideline.
Without appropriate rehabilitation and care the client’s untreated injuries will result in a chronic pain situation often plaguing the client for their lifetime.
The onus is not on the injured person to show their injuries fall outside the minor injury guideline, it is on the insurer to show the injuries fall inside this guideline.
The $3,500.00 cap is seen as an exclusion from the $50,000.00 for accident benefits. This means the burden of proof is on the insurer. If you provide credible evidence that your injuries are more than strains, sprains and whiplash covered within the $3,500.00 limit, the insurance company has to prove you’re wrong.
If you or a loved one has been involved in an accident and struggling with your insurer to obtain the benefits that you need, seek legal advice. Without effective legal representation, it can be nearly impossible for an injured person to receive the medical and rehabilitation treatments they require.