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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100046
Experience:  Lawyer
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My son was in a car accident. He was unfortunately driving

Customer Question

My son was in a car accident. He was unfortunately driving without insurance. I hired a lawyer. He gave me the accident files to examine. Also enclosed was medical history. I found evidence of fraud. I asked my attorney to notify the insurance company [TD] of the fraud in 2014. Counsel for TD then replied "they are not interested". [This I have in writing] The plaintiff [the woman my son hit] in the accident filed for accident benefits and income replacement four days prior to the accident. The PI that I hired noted that the plaintiff has an accident approximately every three years. As well, every three years the plaintiff changes insurance companies and banks. The rehab centre involved filed articles of dissolution shortly after the accident. [This centre has since resurrected itself with the same principals]. Medical records from this centre refer to physicians and nurses that do not exist. Records and reports are cut and pasted, most often from the net. I contacted FSCO. FSCO is interested in the rehab centre[s].FSCO then contacted TD. TD now states that they will settle the suit for $7,500.00 [an offer submitted earlier, prior to TD being contacted by FSCO] TD now states they have commenced an internal investigation into the fraud that spans numerous rehab centers. The lawyer I hired believes we should settle for 7500. My question is this: Why would my son and I still have to pay TD? TD has been alerted to the fraud. As well, the plaintiff, according to medical records, has a condition that disqualifies her from driving according to the MOT. The accident took place in 2010.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

You would have to pay TD if TD have to pay her. In other words you are reimbursing TD.

So if they already paid her something and don't think they can get it back or they feel that she's entitled to something then they may say that this amount is needed to reimburse them.

But frankly, it really is hard for me to answer without knowing the facts and this is something your lawyer should be telling you so go ahead and ask your own lawyer as well.

Does that help?

Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Why should I settle with TD under the following circumstances:
1. It was a structured accident. The Application for Accident Benefits, and Income replacement are dated four days prior to the accident.
2. Health care professionals, as per the OCF's are non existent, or out of province.
3. Reports cut and pasted from the internet and health care professional listed do not exist, or are out of province.
4. Health care professionals in many of the reports are not aware of the plaintiffs name, or even gender.
5 Address on the OCF's regarding the plaintiff's residence is wrong.
6. Plaintiff has been in car accidents every three years. She changes banks and insurance companies with the same frequency.
7. Plaintiff's law firm, IPACS, released her medical records to my attention. Said records indicated that the plaintiff suffers from a medical condition that must be reported to the MOT, or else she is not considered uninsured. This diagnoses was in 2007. Plaintiff has since had other accidents. The MOT - to the best of my research has not been notified. Plaintiff driving uninsured since 2007 and engaging in staged accidents.
8. Rehab centre involved filed articles of dissolution just weeks prior to the FSCO sweep of 2012. This one appears to have just filed articles of dissolution in time. When mentioned to FSCO, they did not disagree.
9. FSCO was in touch with TD insurance and now TD wants to settle for an offer my lawyer suggested I put in, prior to FSCO notifying TD. Since the phone call to TD from FSCO they want to settle asap. I feel actually they should pay me as I did their job.I do not feel I should have to pay anything. TD admits it is now conducting it's own internal fraud investigation. So if they are investigation the Fraud, why is my son being held accountable? They admit wrongdoing, but still want funds?I dropped of the settlement cheque today at my lawyers. He made me sign for 'his' notes'. These notes were not his, but all the research I had done over the last years. [it affects more than one rehab clinic and extends into the US - primarily New York.I feel I did TD's work. How difficult is it to read files such as these and to see such things as these? I do not wish to pay the . settlement and believe I indirectly assisted TD in their internal fraud investigationAs an aside. The lawyer for TD, Tiffany Clarke, was notified in Dec 2014 of fraud. I wanted to give them more information. The reply I received was "they are not interested" - I have this in an email.I phoned the Detectives at 42 division. They contacted Clarke. Clarke told the police that this is the first time she had heard of the fraud. I immediately forwarded the emails from Clarke to the police - clearly detailing when she had been notified and that she was not interested in this information. In short, the counsel for TD, Clarke lied to the detectives.TD insurance did not do their due diligence. They shuffled papers - or they try and bury you in papers in the hope that you will go away.I would also like to know my legal rights about taking this incident public to indicate to the broader public the shape of this industry.Moy sons paid all outstanding fines. Indeed he has a document from TD stating that upon payment of the damage to the plaintiffs automobile - $1,200.00 for a broken bumper bracket - that TD would release him from all future claims. I have had in my possession all the plaintiffs medical records and files since 2012. IPACS released them to me.Best Regards

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