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Auto Accidents and Car Wrecks
Invasion of Privacy Appeal is Filed
Our clients are both physicians. They were injured in a t-bone car crash in St. John’s. The defendant asked for years of pre-accident medical and financial information, through a device called interrogatories, as part of a “fishing expedition”. The judge granted the request solely on the basis that the court papers alleged personal injury!
Being physicians, our clients have a deeply ingrained professional respect for the value of confidentiality and privacy, and asked us to appeal. The written argument for appeal was filed this week. We next have to get the responding written argument from the defendant insurance company, and obtain a date for oral argument in the Court of Appeal, which should be available pretty quickly. I’ll keep readers posted.
I have blogged about this case previously. The written argument on appeal filed this week is available in our library.
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FAQs
Auto Accidents and Car Wrecks
Does it matter that I didn't see the doctor right after my car accident?
- Do I have to use my own health insurance for my auto accident injuries? I've been injury in a motor vehicle accident and my doctor has referred me for therapy. I have private health coverage through work and I have Accident Benefits Coverage on my auto policy. My auto insurer is telling me I have to use my own private health coverage to pay for therapy costs prior to accessing my Accident Benefits Coverage. Why?
- I was injured in a car accident and my insurance company is telling me I have to use my personal insurance (e.g. Desjardins, Blue Cross, Manulife) to pay for my massage therapy, physiotherapy and prescription drugs before I can use either the accident benefit coverage (Section B) on my automobile policy, or the insurance of the guy who hit me. Is this right?


