An accident claims victim has spoken of her anguish that the settlement money she received after her horrific accident is still not enough. Jennifer Perryman claims that she is still suffering both financially and physically after a commercial delivery van rammed into the side of her car.
Perryman runs her own business, but has found that her car insurance has provided limited protection, which has left her family uncertain of the future. She claims how the compensation money is not enough. Jennifer stated: "I have received practically nothing. Only about £3,000 for some housekeeping assistance and physiotherapy in the first weeks after the accident."
Two years after the crash, Jennifer still suffers from dizziness, shoulder and neck pain and finds it difficult to meet her client's needs. Her family life has also suffered, as she has no stamina, and finds is difficult to lift her children and help them with their homework: "I am physically not able to do what I did before."
Returning to work hindered her eligibility for income replacement, which is payable for up to two years in cases of minor injuries. With her business just beginning, there is no salary coming in, therefore it is difficult to prove income loss.
Her lawyer is seeking mediation over her income loss claim, and a doctor's assessment she is entitled to more than $100,000 of rehabilitation and medical benefits. Jennifer's lawyer has also sued for Perryman's economic loss beyond the 80% of net income, that accident benefits should pay and that her compensation should cover for her suffering and pain.
Jennifer's lawyers explained that small business owners commonly lack the paper trail to easily prove income and expenses and like everyone, they have £30,000 deducted from pain and suffering awards if the injury is not found to be permanent or major enough. Laura Wright, Perryman's lawyer said: "It is a much tougher claim (when you run a small business."
As a result of the court not providing enough compensation Jennifer fears for things to come: "I will end up bankrupt with no place for my children to live. I have to put on a smile for my customers, but there are times when I want to vomit from the pain."
George Cooke is one of the few insurers who believe that accident benefits could be improved by introducing a specialist court to speed up resolution of car accident claims.Charles Gluckstien, chair of the insurance committee of the Ontario Trial Lawyers Association suggests that insurers could save money and improve fairness if they spent less time and money disputing claims.
However, whilst it is lawyers who spend the time on trying to win unlimited rights to sue pain and suffering, it is the government who needs to figure out how to keep premiums affordable.
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