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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99408
Experience:  Lawyer
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Recently we have completed defendant Examination re. Auto

Customer Question

Recently we have completed defendant Examination for Discovery re. Auto accident we were involved in. Insurance solicitor that is representing us presented us with a 15-25 (+-) pages documentation and ask us to sign five minutes before Examination for Discovery has begin. Room was already been used by stenographer and plaintiffs lawyer setting for Examination for Discovery. Documentation was stapled in 4 set of pages that were not numbered and document was not dated. We asked what are we signing and were told that we are confirming to have read and examine the documents. Stapled copy did not have any title indicated what they are containing. We have glance through and recognize previously received police report and our eye doctor exam and noted that there are no documents showing any investigation done by insurance company. Never the less I have signed them and dated (under my signature).
We were not given a copy of the documents we signed.
After our examination was completed, our/insurance solicitor informed us that next step is Mediation and we will not likely be required to be present.
Than we have asked our/insurance solicitor if the Examination for Discovery of plaintiff would be conducted next? Solicitor replied “Not today”.
We have no reason to believe that insurance company conducted necessary investigation in this matter. We have pointed out (in a written form, in 2013 when accident happened and 2014 and 2015) that our defence would be seriously jeopardized due to lack of evidence. Reason being that after the accident the ambulance personal removing all the evidence while police did not show up on indicial 911calls. Because of that we consider our/insurance solicitor poorly informed and could not represent our interest in this matter.
A) Are we entitled to have copies of the documents we have signed? Our/ Insurance layer did not agree to provide them.
B) Dose Examination for Discovery transcript of plaintiff and our (defendant) could be requested and must be provided? If “Yes; from whom” if “Not; why not”?
C) Could our/insurance solicitor legally decide to abstain from questioning plaintiff and consider plaintiffs Examination for Discovery unnecessary?
D) Could we insist on being present during Mediation process? Fact is that we are being sued personally for over the insurable limit under Family Law (Ontario Canada)
E) Under OAP 1 is the definition “appoint us (insurance company) to act on your OR their behalf in any lawsuit” concludes that this option must be clearly spelled out elsewhere by being “Your”(our) or “Their” (insurance company)? Do we have to be informed clearly on whose behalf solicitor is acting?
F)
G) Should I insist on having a lawyer or myself represented during Mediation process and how do go about it now after Examination for Discovery is done?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you being sued for more than what you are covered for?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

Were you not advised by the insurance company to retain your own lawyer?

Do you feel like you are being treated as if the insurance company and their lawyer are representing your best interests, or are you concerned that the lawyer is simply acting for the insurers and not considering your best interest?

Customer: replied 1 year ago.
Not sure. Please answer if you cane as I asked them. Fact is I am not getting information that are outlined in my questions from layer or insurance comp.
Expert:  Debra replied 1 year ago.

What is happening here is that the insurance company is trying to protect themselves more than they are trying the protect you, and the lawyer is the lawyer for the insurance company. That is why in cases where the insured person does not have enough insurance it is vital that they retain their own lawyer to look after their interests.

The lawyer for the insurance company should have told you this.

A) Yes, you are most assuredly entitled to have copies of any documents that you signed, and you should have been provided them already.

B) You can request them, but it will be up to you to pay for the copies. You would request them from the reporter.

C) Yes. No party is required to cross examine another party, and if that lawyer does not find that there is any merit to doing this the lawyer can decline to do so.

D) Yes. You most assuredly have to be present as if the insurance company wants to settle for over the amount that you are covered you would be stuck paying the money. At the same time, if you are there and it is clear that you will never be stuck with owing any money then you don't have to participate much in the mediations.

E) Yes, you have the be informed and that is my point. This is the area that is of most concern based on your facts.

I believe there is no question F

G) You should immediately consult with your own lawyer face to face and that lawyer will let you know how that lawyer should become involved going forward.

Have I answered all of your questions?

Customer: replied 1 year ago.
I did consult my layer and he told me that he could represents me if mediation failed . Not on discovery or mediation
Expert:  Debra replied 1 year ago.

If you do not feel that the lawyer for the insurance company is acting in your best interest you should have your lawyer attend the mediation.

Customer: replied 1 year ago.
when assigned lawyer tells me She is representing ME it is not true .Please clarify answer to this question if you would.
OAP 1 is the definition “appoint us (insurance company) to act on your OR their behalf in any lawsuit” concludes that this option must be clearly spelled out elsewhere by being “Your”(our) or “Their” (insurance company)? Do we have to be informed clearly on whose behalf solicitor is acting on?
Expert:  Debra replied 1 year ago.

Yes, you need to know if the lawyer is going to put your interests first or the insurance company's in the case that your interests conflict.

Customer: replied 1 year ago.
I received letter form lawyer that She represent ME within the limits of maximum coverage (1M) the sue is for 1.4M Isn't that than representation of MY interest clearly stated?
Expert:  Debra replied 1 year ago.

She is saying that she is representing you but there is limitation on her because you do not have sufficient coverage. In my view, you should have been told that you have the right and possibly should at least consult with your own lawyer.

Customer: replied 1 year ago.
Thank you
Expert:  Debra replied 1 year ago.

You are very welcome.

I hope this works out.

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