In Ontario, under the Insurance Act, motor vehicle cases were damages for pain and suffering are awarded under the sum of $100,000.00, a $30,000.00 statutory deductible applies. It is argued that the logic behind a statutory deductible is generally considered to be to deter modest claims by those with modest injuries.
In Van Winckle v. Siodlowki  O.J. No. 4807 (S.C.J.) the court explained how the deductible should be interpreted.
In the said case, the plaintiff was awarded exactly $100,000.00 for general damages or pain and suffering. The court focused on section 267.5(8) of the Insurance Act which provides the deductible does not apply where the amount of non-pecuniary general damages "would exceed $100,000.00″.
Since the award was exactly $100,000.00, court held and clarified that the deductible was to be applied. To "exceed" means greater than, not greater than or equal to. As such, and the award of $100,000.00 reduced the plaintiff's damages $70,000.00.
Understanding how the law may apply to your situation can be very complicated. Let our experienced personal injury and accident lawyers represent your interests and maximize your compensation.
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