The Insurance Adjuster Has a Playbook to Deny Your Claim. We Have the Counter-Strategy.

If you have been injured in a motor vehicle accident in Mississauga, Brampton, or the GTA, you are entering a system designed to underpay you. Insurance companies will automatically classify your injury as “Minor” to cap your medical benefits at $3,500 and apply a Statutory Deductible (currently $46,790.05) to your pain and suffering settlement.

At Cambria Law, we do not accept the “Minor” label. We build your case from Day 1 to prove your injury meets the “Serious and Permanent” threshold defined in the Insurance Act, ensuring you preserve the compensation you deserve.

The 3 Hidden Risks to Your Settlement (And How We Fix Them)

1. The Statutory Deductible ($46,790)

Most victims are unaware that the first ~$46,790 of their non-pecuniary damages (pain and suffering) is legally retained by the insurance company. If your claim is assessed at $45,000, your payable amount is $0.

  • Our Strategy: We utilize medical experts to demonstrate that your injury exceeds the monetary threshold (approx. $155,965). Once this threshold is surpassed, the Statutory Deductible is waived, and you receive 100% of your award.

2. The Minor Injury Guideline (MIG) Cap

Insurers routinely categorize whiplash and soft tissue injuries under the Minor Injury Guideline (MIG). This restricts your attendant care and rehabilitation funding to a hard cap of $3,500.

  • Our Strategy: We advocate to remove your claim from the MIG by documenting compelling medical evidence of chronic pathology, pre-existing conditions, or psychological impairment (such as Post-Traumatic Stress Disorder). This unlocks up to $65,000 in non-catastrophic medical benefits.

3. The Income Loss Calculation

While the Statutory Deductible reduces your pain and suffering award, it does not apply to Pecuniary Damages (financial loss). This is often the most significant component of a claim.

  • Our Strategy: We calculate not only your past lost wages but your Future Loss of Competitive Advantage. If your injury compromises your ability to secure promotions, work overtime, or maintain employment in the future, we seek present-day compensation for that long-term loss.

Related: Injured in a commercial rideshare vehicle? Read our specific guide on [Uber & Lyft Insurance Liability] .

We Secure the “Event Data Recorder” (EDR) Immediately

In disputed liability cases (e.g., left-turn collisions, intersection crashes), witness testimony is often unreliable. We rely on objective digital evidence.

We move immediately to issue Preservation Letters to secure the Event Data Recorder (EDR)—commonly known as the “Black Box”—from all vehicles involved.

Does Your Car Have an EDR? (The Timeline)

Accessing this data depends on the model year of your vehicle. We know exactly what to look for:

  • 2013 & Newer (The Standard):

    • 99% of passenger vehicles sold in North America after 2013 are equipped with a standardized EDR.

    • Data Captured: Vehicle speed (5 seconds pre-crash), brake application status, steering input percentage, seatbelt status, and throttle position.

  • 1997 – 2012 (The Transition Era):

    • Many manufacturers (General Motors, Ford, Toyota) included EDRs voluntarily.

    • Data quality varies but often includes speed and braking status.

  • Pre-1997 (Legacy Vehicles):

    • EDRs are rare, though some luxury models may have early versions.

Warning: The EDR records in a loop. If your car is driven after the crash (even just to a collision reporting centre or repair shop), the new driving data can overwrite the crash evidence. You must retain counsel immediately to prevent spoliation of evidence.

Types of Motor Vehicle Accident Cases We Litigate

We focus on serious collisions involving complex liability and damages:

  • Side-Impact (T-Bone) Collisions: Often resulting in severe fractures and internal trauma.

  • Rear-End Collisions: Leading to chronic cervical strain and spinal pathology.

  • Unidentified Motorist Claims: We assist you in claiming against your own insurer (under the Family Protection Endorsement) if the at-fault driver fled the scene.

  • Distracted Driving Liability: We subpoena cellular records to establish if the defendant driver was using a handheld device at the time of the tort.

Common Injuries We Litigate

We collaborate with leading orthopedic surgeons, neurologists, and occupational therapists to substantiate the long-term sequelae of:

  • Traumatic Brain Injuries (TBI) & Concussions

  • Spinal Cord Injuries (Disc Herniations)

  • Orthopedic Fractures & Ligament Tears

  • Chronic Pain Syndrome

  • Psychological Injuries (Anxiety, Depression, PTSD)

No Win, No Fee. Zero Upfront Retainer.

You are already managing vehicle repairs and income interruption. You should not bear the burden of legal fees.

  • Free Case Evaluation: We review your file and explain the Statutory Deductible and MIG implications clearly.

  • Contingency Fee Arrangement: Our legal fees are contingent on success. We are only compensated when we recover a settlement for you.

Prevent the Insurance Adjuster from Devaluing Your Claim.

Strict limitation periods apply to your notice requirements.

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