2021 LAT Statistics – Average Timelines Continue to Steadily Increase
At the beginning of January, the Ontario Trial Lawyers Association (OTLA) published the 2021 statistics on accident benefits disputes before the License Appeal Tribunal (LAT).
The LAT adjudicates accident benefit disputes between insurance companies and their insureds. Once a person has been denied accident benefits, they trigger the dispute resolution process by submitting an Application by an Injured Person to the LAT. The LAT will then schedule a case conference, and if the parties are unable to resolve the issues at the case conference, they proceed to an arbitration hearing where an adjudicator will render a decision on the issues.
According to the data released, the insurance companies that appeared in the most LAT applications in 2021 were as follows:
1. Aviva – 572
2. Certas (Desjardins) – 441
3. Intact – 439
4. TD – 258
5. Economical – 213
The other important statistics were in relation to the timing of LAT disputes from application to final decision. On average, the LAT timelines have consistently slowed since the LAT began hearing accident benefit disputes in 2017. Currently, the average number of days between LAT application and final decision is 589 days. This has steadily increased from 323 days in 2017.
In 2021, the average number of days between LAT events were as follows:
· From application to case conference – 195 days
· From case conference to arbitration hearing – 153 days
· From arbitration hearing to decision – 159 days
What does this mean for you?
As the time for disputes to make their way through the LAT increases, it is important that applications be submitted to the LAT as soon as possible after a denial. Applicants are waiting on average over 6 months from the application date to the case conference. If the issues don’t resolve at the case conference, it is almost another year until a final decision is rendered following a hearing. This is a long time for someone to be waiting while their insurance company has stopped paying their benefits. In most cases, there is no reason to extend this delay further by waiting to submit an application to the LAT after accident benefits have been denied.
If you or someone you know has been denied accident benefits by their insurance company and would like a free consultation with one of our lawyers, please contact us by telephone at 905-602-5265, or email at office@qwklawyers.com.
