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Tuesday, November 13, 2018

 
 
 

 
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FSCO Allows Application for Accident Benefits almost 2.5 years after MVA

A recent Arbitration decision from FSCO has allowed for an application for accident benefits to be submitted approximately 2.5 years after the motor vehicle accident. In S.R. and State Farm the insured developed mental health impairments of depression and anxiety as a direct result of caring for her husband who sustained a brain injury and a personality change in December 2001 in a motor vehicle accident. While she retained counsel, she instructed him to take no steps in the matter. It was only after her husband’s tort and accident benefits claims were settled that she could focus on herself, obtain medical treatment and avail herself of accident benefits. Arbitrator Alves accepted that this was a reasonable explanation for the delay in claiming accident benefits.

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