ARTICLE
6 July 2022

Handling MVAs Involving Minor And Incapacitated Claimants

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Blaney McMurtry LLP

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Handling a typical MVA claim is routine for most insurance adjusters and claims handlers. But what happens when the accident involves an injured minor or someone incapacitated?
Canada Litigation, Mediation & Arbitration

Handling a typical MVA claim is routine for most insurance adjusters and claims handlers. But what happens when the accident involves an injured minor or someone incapacitated?

In this webinar panel discussion, RMC lawyers including Blaneys' Anna Iourina, review the key differences in the claims settlement process and the steps to take at the outset, during the claims settlement process, and when an agreement is reached.

Key topics covered in the webinar include:

  • The Minors Property Act and Litigation Representatives
  • Assessing damages
  • How contributory negligence changes assessments
  • How parents/guardian named as 3rd parties impacts the litigation
  • Questions to ask during discovery of litigation representative
  • How to conduct examinations with a minor
  • When and how to declare someone incapable
  • Limitation Periods for claims involving minors
  • Court approval process for settlements in Ontario, Alberta, and BC

The webinar concludes with a look at case law and damage awards examples from the Ontario, Alberta and BC courts.

To view a recording of the webinar click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be ought about your specific circumstances.

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