Alberta Insurance Company Destroys The Life Of An Innocent Victim

Is it possible to be an innocent victim of a car accident and end up owing money rather than being compensated for the accident? Unfortunately, this is exactly what happens if an insurance company refuses to compensate the victim properly and the victim has to incur legal costs defending their rights.

It is not uncommon for claims to be dragged out by insurance companies for 10 years or more with the intent to cause the injured party to become financially distressed so that they are forced to accept a low, unfair amount to settle a claim. Many insurance companies prefer to hire lawyers and specialists to undermine a claim rather than pay the injured party.

This is my story, which I feel that the public should be made aware of so there is recognition of what is occurring to accident victims in Alberta. My accident occurred at an intersection that is notorious for fatal accidents.  The other driver was at fault and was charged. The end result is that I have been left with life-long injuries, I’ve lost my career and income, I’ve lost my ability to perform certain household tasks, and I am no longer able to participate in most recreational activities.

However, rather than being compensated properly for my losses, due to underhanded actions of the insurance company and its counsel and trial judge known to be anti-women, anti-personal injury plaintiff and who is known to grant orders based on his own bias rather than on facts and evidence, the judgment was so low the guilty driver and his insurer, Wawanesa General Insurance Company, are claiming $23,000 in legal costs from me.  All my savings have been drained and I’ve had to borrow money just to survive, all because of another driver making an illegal left turn in front of my vehicle.

I sustained a mild traumatic brain injury in the accident from getting hit in the face with an airbag that deployed at over 400 km per hour which has left me with insomnia, difficulties concentrating and retaining information, and with a deviated left septum causing me breathing difficulties. I am unable to sit or stand for any length of time due to my back and hip injuries sustained. I will need ongoing treatment and to attend various medical appointments for the rest of my life because of the injuries I sustained in the accident.

I lost my career, ability to work full time and my capacity to earn an income, Despite having 3 designations, numerous certifications, and almost 10 years of postsecondary education, my income declined to poverty level while solely supporting my child.  This accident has severely impacted my ability to earn any kind of living and ability to take care of my family.  My son’s father was prescribed Oxycontin deal with pain from his injuries, resulting in him becoming a completely absent father.  My young child, who was two years of age at the time of the accident, virtually lost his mother and father after the accident.  So much for victim rights!

Furthermore, I have suffered huge financial losses, even though I have been classified as a workaholic. I was forced to cash in my RRSPs and my child’s RESP to pay for basic life necessities.  I’ve accumulated $138,000 in debt to pay for necessities in life and have interest costs of $2,000 per month on that debt.  At 60 years of age, there is no chance to recover or have a future quality of life.

I had to take out a second mortgage on my home from a private lender at a high-interest rate to pay the $20,000 for transcripts to appeal the unjust court decision and pursue the compensation I rightfully should receive. Furthermore, the guilty party’s insurer, Wawanesa, and its counsel at Borden Ladner Gervais are now seeking an additional $20,000 in legal costs from me for the appeal.

Canadian Insurance law states that insurance companies are to be “the safe keepers of insurance premiums,” so that when an individual is a victim of an accident that person can be compensated for injuries, losses, and damages that occur as a result of the accident or unfortunate mishap.  That is the theory behind insurance but unfortunately, there is a conflict of interest when Insurance companies are in the business of making money, not paying out money.

Canada’s Insurance Law further states the courts are to “maintain economic stability and ensure there is fairness to the consumer”. Contrary to what the law requires, when an insurance company takes a case to Court, the insurance company has much deeper pockets to hire lawyers and specialists to influence a Judge to rule based on the insurance companies perspective of why low compensation is appropriate rather than on the actual facts and evidence. My concern for all of us is that Canada’s legal system is based on Common law, therefore all Albertans will be affected by my case.

We need to fight for victims rights or everyone loses. Unfortunately, Alberta insurance companies are accumulating wealth while destroying the lives of innocent victims and the lives of the victim’s families. This is not right!  It is a gross injustice and contrary to the purpose of insurance.  The public needs to be aware of what is occurring and speak out to try to prevent other accident victim’s lives from being destroyed.

I encourage everyone to take a few minutes over the next few days to write a letter condemning the injustice to accident victims in Alberta.  Send your letter to the Federal Minister of Justice, David Lemetti and the Alberta Minister of Justice and Solicitor General, The Honourable Doug Schweitzer at the addresses below, and send a copy to; justiceforaccidentvictim@gmail.com.

Be a voice for Alberta accident victims and the pursuit for justice.  This could happen to you or to someone close to you. 

David Lemetti
House of Commons
Ottawa, Ontario
K1A 0A6
David.Lametti@parl.gc.ca

Schweitzer, Doug, Honourable
Minister of Justice and Solicitor General, Deputy House Leader
Office of the Minister

Justice and Solicitor General
424 Legislature Building
10800 – 97 Avenue
Edmonton, AB
T5K 2B6

Phone: 780 427-2339
Fax: 780 422-6621
E-mail: ministryofjustice@gov.ab.ca