Motor Vehicle Accident
Rear-End Collision — Chronic Soft Tissue Injuries
Situation
Client was stopped at a red light on a Toronto highway when struck from behind at approximately 60 km/h. The client suffered whiplash, chronic neck pain, and lower back injuries that persisted for over 18 months.
Challenge
The insurer argued the injuries were "minor" under the Minor Injury Guideline (MIG) and capped treatment at $3,500. They relied on their own medical assessor who concluded the client had pre-existing degenerative changes.
Our Strategy
We obtained independent medical reports from an orthopaedic specialist and a chronic pain physician documenting that the collision caused new, symptomatic injuries distinct from age-related changes. We moved the client out of MIG and into the non-earner benefit stream, then pursued the at-fault driver's insurer for tort damages.
Result
Settlement achieved above the tort deductible threshold, covering all future treatment costs, income loss, and general damages.