Tesla Model 3: VIN Number, Updates, Upgrades & Odometer
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Q: How does one check for VIN number, updates, upgrades and Odometer for Tesla Model 3 using the Touchscreen display
A: As shown in the video
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Relevant Material on vehicle upgrades: “Over-the-air upgrades improve your vehicle with the touch of a button. Offering additional features and functionality that help customize your Tesla vehicle to your needs, these upgrades are available for purchase from the Tesla app.
Depending on your configuration, different upgrades will be available for your vehicle and will automatically appear in the Tesla app. These upgrades do not require a service visit and you can simply purchase with a payment method on file. Unless otherwise specified, your vehicle will update when parked and connected to Wi-Fi.
Open the Tesla app to learn more about the upgrades available to you..” (https://www.tesla.com/en_ca/support/upgrades)
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Relevant Material on vehicle software updates: “Tesla vehicles regularly receive over-the-air software updates that add new features and enhance existing ones over Wi-Fi...You can check for new software updates by opening the ‘Software’ tab on your touchscreen. If a new update is available, you’ll receive a notification on your center touchscreen display, with the option to install the update immediately or schedule for later. You can also check for available updates in the Tesla app. If an update is available, you will see a ‘Software Update’ section on the main page of the app. To ensure the fastest and most reliable delivery of software updates, connect your vehicle to Wi-Fi....” (https://www.tesla.com/support/software-updates)
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Relevant Material on VIN: “
Vehicle Identification Number
You can find the VIN at the following locations:
- Touch on the touchscreen.
- Stamped on a plate located at the top of the dashboard. Can be seen by looking through the windshield...Printed on the Product Plate, located on the door pillar and can be seen when the front passenger door is open....The VIN can also be read using an Onboard Diagnostics II (OBD-II) code reader or scanner. For instructions, refer to the documentation provided by the manufacturer of the OBD-II code reader or scanner. The ODB-II diagnostic port is located under the dashboard on the driver's side of the vehicle....” (https://www.tesla.com/ownersmanual/model3/en_cn/GUID-B27A666D-866B-4766-B690-CCD1B66E2134.html#:~:text=Vehicle%20Identification%20Number,the%20top%20of%20the%20dashboard)
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Relevant Background: “A pre-purchase inspection is an independent, third-party professional service that evaluates a vehicle’s condition before a purchase offer is made. Consumer protection organizations such as the Federal Trade Commission,[1] the American Bar Association,[2] insurance companies, and states recommend an independent pre-purchase inspection. The prospective buyer hires a qualified evaluator who examines the target vehicle for defects, hidden damage, maintenance history, and safety, then typically provides a written evaluation report. The service results in factual information that the prospective buyer uses as decision support for the vehicle purchase. Unless the vehicle is unsafe to drive,[3] the evaluator does not provide a purchase recommendation....The focus of a pre-purchase inspection is to gather factual information on the vehicle's current condition. Typically, the evaluator is a mobile inspector who inspects the vehicle at its sale point. A short road test is usually included. Inspections are performed with the permission of the seller. The buyer can be present or not present during the inspection....The inspected areas include structural integrity, safety features, electrical and electronic systems, powertrain, suspension, fuel system, emissions, steering, comfort system (heat/air), security system, exhaust, interior, wheels and rims, and apparent state of general maintenance. Hidden damage from crashes, flood, or rough use are checked. Important for newer vehicles is an inspection of the onboard computer system, including recently cleared computer codes.[4] The inspector also investigates for vehicle identification alteration,[5] lack of recent license plates, salvage title,[6] and odometer fraud.[7] Commercial vehicle inspections also evaluate the condition of items relevant to commercial use, such as conspicuity materials, markings and placards, insurance, service limits, coupling devices, etc.” (Pre-purchase inspection - Wikipedia)
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Relevant Material relevant to loans and dealership investigation: “A line of credit is a credit facility extended by a bank or other financial institution to a government, business or individual customer that enables the customer to draw on the facility when the customer needs funds. A financial institution makes available an amount of credit to a business or consumer during a specified period of time.[1]
A line of credit takes several forms, such as an overdraft limit, demand loan, special purpose, export packing credit, term loan, discounting, purchase of commercial bills, traditional revolving credit card account, etc. It is effectively a source of funds that can readily be tapped at the borrower's discretion. Interest is paid only on money actually withdrawn. Lines of credit can be secured by collateral, or may be unsecured.
Lines of credit are often extended by banks, financial institutions and other licensed consumer lenders to creditworthy customers (though certain special-purpose lines of credit may not have creditworthiness requirements) to address fluctuating cash flow needs of the customer. The maximum amount of funds a customer is allowed to draw from a line of credit is typically called the credit limit or overdraft limit. The term credit limit is commonly used for credit cards whereas the term overdraft limit is more commonly used for bank accounts..” (Line of credit - Wikipedia)
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Relevant Material: “The outrageous goings-on in the car sales market means 'tis the season for odometer rollbacks, according to CarFax. The company that compiles vehicle history reports from various touchpoints in a car's life says its research shows more than 1.9 million vehicles on the road have had their odometers tampered with. That total represents a 7% increase over 2021. CarFax ranked states by the number of tampered vehicles on their roads, California coming first at 437,600 and North Carolina coming 10th with 45,300. Numerically, every state in the top 10 except Arizona is one of the largest vehicle markets in the United States, Statista says the top 10 states for vehicle registrations in 2020 were California, Texas, Florida, Ohio, New York, Illinois, Pennsylvania, Georgia, North Carolina, and Virginia. Also, the top 10 states by volume account for 1.2 million of the 1.9 million dishonest vehicles CarFax says are on the road. That leaves about 17,000 tampered vehicles on average for each of the rest of the 40 states....” (https://www.autoblog.com/2023/01/02/mileage-rollback-carfax/)
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Relevant Coverage:
A. Travel & Health
B. Personal property coverage
C. Gps tracker, satellite phone, Panic Button, Dashcam, GPS, parking sensors
d. TFSA, credit card insurance, personal loan insurance, Line of Credit Insurance, P2p lenders
e. Liability Coverage:
“What Liability policies Insure
The majority of liability Insurance policies share certain charcateristics. This chapter focuses on features common to automobile, personal,, and most business liability policies.
The Insuring Agreement
The main Insuring Agreement on most liability policies can be summarized as follows:
"The Insurer agrees to pay all sumswhich the Insured shall become legally obligated to pay to third partiesas compensatory to a third party. It must be caused by an occurrence; it must occur during the policy period, and it must take placein the coverage territory"
The following is a brief analysis of this insuring agreement
1. Insure Bodily Injury & Property damage
Most liability policies insure the bodily injury and property damage caused by the Insureds
i) Bodily Injury
Bodily Injury refers to physical injury sustained, and associated with external causes. For example, a person who trips over loose carpeting or one who falls through defective stairs on the Insured's premises and is injured is considered to have suffered a bodily injury.
Bodily Injury also includes injury caused by:
** Sickness or Disease
and
Death resulting from any such injury at a later date will be considered as part of the same bodily injury.
Bodily Injury - A Broad definition
The definition of body injury contained in liability policies refers to actual harm to the body resulting from the Insured's actions, work or products. The following example illustrates the extent of the coverage provided:
Body Injury:
This morning Bert was in a rush to leave his store to attend a business meeting. As he was leaving, he negligently collided with an elderly customer who had just entered the building. As a result, the customer fell to the ground, causing her to break a hip. This injury to the customer falls within the coverages provided for bodily injury.
Sickness or Disease:
Thousands of Canadian women are the victims of failed breast implants. Legal actions in the mid 1990's against Dow Chemical, the company responsible for the faulty implants, alleged sickness due to implant rupture, painful joints, Muscle pain, tremors, memory loss and diseases such as Lupus and sclerodema. Liability policies providing bodily injury coverage would respond to pay such losses.
Death resulting from any of these at any time
When the deaths of others are attributed to bodily injury, sickness and disease caused by the Insured, payment will be provided under the policy.
These payments are made voluntarily. No suit or action is required by the injured employee: in fact, should the Injured employee bring an action against the Insured , the injured party is not entitled to voluntary payments... ” (RIBO)
F. Personal Property Coverage
G. Auto Insurance: Liability, Collision, Upset, Long-term Parking and storage Coverage
7.1.2 Coverage Options
A. Specified Perils
This coverage limits payments for damages to those caused directly by the following perils:
Fire; theft or attempted theft; lightning windstorm; hail, or rising water; earthquake; explosion; riot or civil disturbance; falling or forced landing of aircraft or parts of the aircraft; or the stranding, sinking burning, derailment or collision of any kind of transport in, or upon which a described automobile is being carried on land or water.
B. Comprehensive
Comprehensive coverage is an all risks version of the specified perils coverage. Coverage under this section includes all coverages within the specified perils coverage, and adds to it the perils of falling or flying objects, missiles and vandalism. All damage to the vehicle not caused by collision of some kind is covered under the comprehensive section, unless specifically excluded.
C. Collision or Upset
Collision average pays for all damage suffered when the Insured automobile is involved in a collision with another object or upset which is when the vehicle tips over. Collison occurs when vehicle hits something in contact with the ground. Upset damage occurs when the only thing that the vehicle hits is the ground.
Note: Collisions with animals such as dee or moose are usually paid out under comprehensive.
D. All perils
This option combines the coverage of collision or upset and comprehensive. The benefit to purchasing all perils coverage instead of separately purchasing collision or upset and comprehensive coverages is the inclusion of two types of theft excluded under comprehensive. All perils coverage, unlike comprehensive, does not exclude theft of the vehicle by the person who who lives in the insured household. There is no exclusion for theft of the vehicle by an employee who drives or uses services or repairs the described automobile.
7.2 Loss or damage we won't cover
7.2.1 General
Since Comprehensive and all perils are both all risks type policies, there are a number of exclusions applicable to these coverages. The first three exclusions listed in this section are wear and tear exclusions: Damage to tires, breakdown of any part of the automobile, and any damage consisting of or caused by rusting, corrosion, wear and tear, freezing or explosion within the engine.
The next two exclusions are types of theft claims that will not be honoured.
1. Damage resulting from illegal claim of ownership, illegal disposal, or theft of automobile by anyone who has legal posession of it under a written agreement such as a mortgage or lease agreement. If the insured misses payments on his or her lease and the vehicle is repposessed, the insurer will not pay if the insured makes a theft claim of the vehicle.
2. Loss or damage resulting from a change in ownership that is agreed to, even if that change was brought about by trickery or fraud. The policy's example talks of selling the car to a stranger for a cheque at a party. If the cheque bounces, the insured cannot claim the vehicle stolen.
Damage caused by radioactive contamination is excluded.
Damage to contents of automobiles and trailers, other than their equipment are excluded. This section pays only for loss or damage to insured automobile. Equipment is anything provided with the automobile or trailer to be used with the vehicle, and anything that is a permanent fixture in the automobile. A scissor jack is not permanently attached to the automobile, but it would be considered equipment provided with the automobile for use with the automobile. Other examples include motor cycle helmets and child car seats. The next exclusion states the reimbursement for recorded material (CD's or cassettes) is limited to $25. Only recorded material that was actually in the playing device at the time of loss is covered. Any recorded material in the vehicle in storage cases or visor holders is considered contents of the automobile and there fore not covered.
7.2.2 Illegal Use
Illegal uses of the automobile forfeit any claim for physical damage payable under the policy. The policy lists some very specific illegal uses and illegal activities which render the coverage section forfeit.
1. Any damaged caused to automobile while the Insured was operating it while intoxicated.
2. Damage caused to any action which also results in the insured being convicted of any of the following offences under the criminal code of canada.
a. Causing death by criminal negligence
b. Causing bodily harm by criminal negligence
c. Dangerous operation of motor vehicles;
d. Failure to stop at the scene of an accident;
e. Operation of the motor vehicle when impaired or with no more than 80 mg of alcohol in the blood;
f. Operating a motor vehicle while disqualified from doing so;
g. If the Insured uses ir allows the automobile to be used in a race, or speed test or illegal activity;
h. If the Insured drives the automobile while not authorized by law; and
i. If another person, with the Insured's permission, drives or operates the automobile under any of these conditions.
7.2.3 Certain thefts Not covered
The policy describes the theft of the automobile by a member of the Insured's household or theft by employee of the Insured who drives or uses preairs or services the automobile. Both of these types of theft are excluded under the specified perils and comprehensive coverages. All perils coverages are not subject to these two exclusions.
7.3 The Deductible
The deductible is the amount of any loss the insured agrees to pay. The deductible amount is stated in the certificate of auto Insurance. The Standard deductible in ontario are currently $500 for collision losses and $500 for specified perils or comprehensive claims, as of June 1st 2016. There are two types of losses not subject to the deductible under these coverages; Fire losses and lightning losses. All other losses covered under this section are subject to the deductible. In the event the loss is caused by an insured peril other than fire or lightning, the insurer will pay the amount of damage minus the deductible.
The policy lists a few examples of how the collison coverage integrates with the DCPD coverage for payment of damages to the Insured vehicle caused by collision with another motorist. Below is an expansion of the examples from the DCPD section of this text with the collision portion of this policy now applied to earlier situations. We will assume the standard $500 deductible also applies to the DCPD coverage for these examples.
XYZ was sitting in his car, stopped at a red light when he was struck from behind by YZZ wreckless driver. In this case, yzz is considered to be 100% at fault for the accident. As such, xyz is considered to be not at fault for the accident , XYZ's automobile suffers $5000 damage due to the accident. XYZ's own insurer will pay for the cost of repairs less the $500 DCPD deductible, and will pay for temporary replacement for the transportation (rental cars, taxis, buses etc) under Direct compensation - Property damage section.
XYZ who is 100% at fault for the accident, would claim for damage to his vehicle under his optional collision coverage. Assuming the damage to XYZ's car is $3000, xyz will receive $2500 from his insurer after the deductible was subtracted from the amount payable. Unlike XYZ, YZZ will not be reimbursed for temporary transportation replacement while his automobile is being repaired. There is no provision for such coverage in the loss and damage section of the policy. If xyz had purchased a seperate endorsement, he may be entitled to the coverage (see OPCF 20), but the coverage must have been purchased before the accident took place.
Xyz and YZZ are involved in a collision for which they are both considered to be 50% at fault. XYZ's vehicle suffers $4000 damage. YZZ's insurer, under DCPD coverage, will pay only a portion of the damage which he is not at fault for. As he is 50% at fault, it so follows that he is 50% not at fault. XYZ's DCPD will pay for 50% of the $4000 damage, or $2000. XYZ's insurer will then deduct from the amount 50% of DCPD deductible. Since the payment of the loss is partial under this coverage in this case, the application of the deductible matches the same percentage as the payment. 50% of the $500 deductible is $250, so $250 is deducted from the $2000 payment. XYZ will receive $1750 from the DCPD section. XYZ will claim for damage for which he is at fault from the collision portion of his policy. The mathematics will work the same. 50% of the damage is covered under the collsion portion, so 50% of the deductible will apply in this case. Payment will be $2000 minus $250 or $1750. In total, for the $4000 loss, XYZ will recover $3500 from his insurer.
The same rationale is used to determine how much XYZ will receive from her Insurer under her DCPD and Collision coverage. If XYZ suffers $2600 damage to her vehicle, Insurer will pay $1300 minus 50% of the DCPD deductible or $250 towards the damage under her DCPD coverage, and $1300 minus 50% of the $500 collision deductible or $250 under collision coverage since she is also 50% at fault for the accident. xyz will receive $1050 under the DCPD and $1050 under collision. In total, XYZ will receive $2100 from her Insurer.
As you can see, if the DCPD and collision deductibles are the same, the Insured will always pay same deductible amount for any percentage of fault in a collision.
7.4 Additional Benefits
There are coverages for indirect financial losses suffered concurrently with the damage to an automobile. The policy covers four such losses.
1. General Average charges
General average charges occur as a result of marine law. If a boat begins to sink while on route from one port to another, the captain of the boat will order the jettisoning of cargo overboard to reduce the weight of the boat and slow the progress of sinking. In many instances, not all cargo needs to be jettisoned. Marine law states that all owners of the cargo which is saved from the loss must share in the compensation of those owners whose cargo was thrown overboard. The cost of the lost cargo is divided amongst all owners of the cargo which survived. The assessed portion of damage each cargo owner has to pay is referred to as general average charge. It is the sacrifice of few in these cases that ensures the well being of the majority of the shipment.
If the Insured's vehicle is on a ferryboat between vancouver and the island and the boat starts to sink, the cars at the back of the ferry will be jettisoned to reduce weight. When the ferry lands on the island, all owners of the automobile not jettisoned will be required to pay a fair portion of the cost to replace the vehicles jettisoned. The OAP 1 covers these general average assessments.
2. Salvage charges
The policy requires the insured to take all reasonable steps necessary to protect the automobile from further damage following an insured loss. While no repairs may be made without the express consent of the Insurer, an allowance is made for those repairs necessary to reduce further or continuing damage. Any expenses incurred by the insured to protect the vehicle from further damage will be reimbursed by the Insurer. Necessary towing charges would also be reimbursed under this provision.
3. Fire department charges
If the vehicle catches fire and the fire department is called to entinguish the fire, the fire department will bill you for their services. The Insurer agrees to pay the fire department charges on behalf of the Insured
4. Customs Duties
If the insured is vacationing in California and is involved in an accident, damaging its fender and necessitating its replacement, his collision coverage will respond to have damage repaired. When returning to Canada, the Insured is technically importing a new fender. The Insurer agrees to pay the import duties on any new parts necessary for the repairs.
7.4.2 Foregoing our right to recover
The Insurer waives its right of subrogation against a party responsible for damage to the Insured vehicle if the party responsible was given permission by the Insured to use the described automobile. There are two notable exceptions to this rule.
1. The person responsible for the damage is in the business of parking, servicing or selling automobiles. These individuals are bailees to whom insured's have entrusted their vehicle and each have a legal responsibility to return the vehicle to the insured in the same or better condition as it was presented to them.
2. Salvage charges: The policy requires the insured to take all reasonable steps necessary to protect the automobile from further damage following an insured loss. While no repairs may be made without the express consent of the insurer, an allowance is made for those repairs necessary to reduce further or continuing damage. Any expenses incurred by the insured to protect the vehicle from further damage will be reimbursed by the Insurer. Necessary towing charges will also be reimbursed under this provision.
3. Fire department Charges: If the vechicle catches fire and fire extinguishing department is called to extinguish the fire, the fire department will bill you for their services. The insurer agrees to pay the fire department charges on behalf of the insured.
4. Custom Duties: If the insured is vacationing in California and is involved in an accident, damaging his fender necessitating its replacement, his collision coverage will have to respond to have the damage repaired. When returning to Canada, the insured is technically importing a new fender. The insurer agrees to pay the import duties on any new parts necessary for the repairs.
7.4.2 Foregoing over right to recover
The insurer waives its rights of subrogation against a party responsible for damage to the Insured vehicle if the party responsible was given permission by the insured to use the described automobile. There are two notable exceptions to this rule.
1. The person responsible for the damage is in the business of parking, servicing or selling automobiles. These individuals are bailees to whom insureds have entrusted their vehicle and they each have a legal responsibility to return the vehicle to the insured in the same or better condition as it was presented to them. These individuals have their own policies to cover automobiles of their customers.
2. If the person permitted to use the automobile uses it for any of the excluded uses or criminal activities prohibited by the policy. If the insured's friend takes the car and is involved in an accident during its regular use, the insurer will pay for the loss and not subrogate. If the insured's friend should damage the automobile while engaged in a speed test or race of some description, any loss paid out by the insurer will be recovered from the Insured's friend.
7.4.3 Temporary substitute automobiles Covered
Also see section 2.2.2 of the policy. Temporary substitute automobiles are automobiles not owned by the insured, or anyone else in the Insured's dwelling, that the insured is using while his or her own automobile is unusable due to its break down, theft, repair, servicing, sale or destruction.
Coverage for physical damage to the temporary substitute automobile (TSA) will be provided by the TSA owner's insurance policy if they have purchased the optional loss or damage sections. If the owner of TSA has not purchased this coverage, the insured is legally liable for the damage to the TSA, then the policy will pay for the damage, less the deductible applicable for the coverage. The liability for the damage must be imposed by law or agreed to by the insured under the contract. If the owner of the TSA has coverage under their own policy, but the deductible existing there is higher than the deductible on the Insured's policy, then the policy will pay for difference between the deductibles. Technically, the Insurer is paying the deductible amount on the owner's policy, as that sum represents an amount of loss suffered which is not covered anywhere else. The insurer pays all claims less the deductible showing on the Insured's policy, so the amount arrived at is the difference between the deductibles.
Tony Tempo's automobile has Collision coverage with a $500 deductible and comprehensive coverage with a $500 deductible. Tony's automobile is at the dealership for a lenghty service, and he borrows Mike's Mercedes automobile to get to and from work for the day. Mike Mercedes' automobile is much more expensive than Tony's and although it also has collision and comprehensive coverages, the deductibles on Mike's policy are $5000 and $1000 respectively. Tony is not used to driving Mike's car. He loses control of the vehicle and drives it in to a tree on the side of the road, causing $10,000 damage. Since Mike has purchased collision coverage, Mike's policy pays for the damage, less his $5000 deductible. Since Mike has suffered a $5000 loss, Tony's Insurer will pay $5000 towards the loss, less the deductible of $500. Tony's policy will pay $4500.
7.4.4 Loss of Use due to theft
If the described auto is stolen, and the insured has purchased theft coverage, (either of the specified perils, comprehensive or all perils coverage) the insurer will pay reasonable expenses for the rental of a similar substitute automobile, or if the insured chooses not rent, pay reasonable expenses for taxis and/or public transportation instead. The maximum payable under this benefit is $900.
The payment of these expenses will not begin until 72 hours after the insured has reported theft to the police or the insurer. The maximum payable under this additional benefit is $900.
The payment of these expenses will not begin until 72 hours after the insured has reported the theft to the police or the Insurer. The coverage will extend until the Insured vehicle is repaired, if recovered, or replaced, or sooner if money is offered to settle the claim. As long as coverage was in place at the time of theft, this coverage will continue until the claim is settled, even if the policy expires in the mean time.
7.5 Your and other Insured Person's responsibility
The conditions recorded in the policy under this section are very similar to statutory condition 6: Requirements where loss or damage to automobile. The plain language wording format makes the restatement in this section easier to understand. In summary:
1. The insured must notify the insurer within seven days of the accident;
2. The insured must protect the automobile from further damage, to the best of their ability;
3. The insured must not make any repairs beyond those necessary to protect the vehicle further without the permission of the Insurer, or until the insurer has had time to inspect the vehicle.
4. The insurer must be allowed to copy all the legal documents pertaining to the accident;
5. The insurer must be allowed to inspect the vehicle at any reasonable time;
6. The insured must submit a proof of loss within 90 days;
7. The insured cannot abandon the wreckage of the automobile in to the care of the Insurer unless insurer has made settlenment of the claim for the full actual cash value of the vehicle. At that point, the insurer owns the salvage
7.6. Our right to repair replace or rebuild the vehicle
This section is a plain language wording of subsection 6 of statutory condition 6: Requirements where loss or damage to Automobile. The decision as to which form of indemnity will be used is solely at the discretion of the Insurer. Should the insurer choose to repair, replace or rebuild the automobile, instead of making a cash settlement for the loss, the insurer will notify the insured within seven days of the accident. Work will be completed within a reasonable time.
7.7 What we will pay
An insurer's maximum liability for the loss or damage to an insured automobile is the actual cash value of the automobile at the of the loss, less the deductible.
Students should note that the $1500 limitation under this section for after-market electronic accessories and equipment. While this limitation is most often thought of limiting car audio equipment, automobiles currently have devices ranging from GPS system to play station consoles installed from their original purchase. This stipulation and the $25 limit on recorded material (7.2.1) are generally easier to remember if thought of collectively.
Section 8: Statutory Conditions
The statutory Conditions for Ontario are quite similar to those in other Canadian Jurisdictions and include:
a) Material change in risk
b) Incorrect classifications
c) Monthly payments
d) Authority to drive
e) Requirements where loss or damage to persons or property
f) Requirements where loss or damage to automobile
g) Time Limit
h) Inspection of Automobile
i) Time and manner of payment of Insurance money
j) Who may give notice and proof of claims
h) Termination
i) Notice
j) Statutory Accident Benefits protected
The Insurance Act of Ontario requires that these conditions be printed in every automobile insurance policy in Ontario. While violation of any of the statutory conditions generally results in the denial of the coverage, there are some exceptions. In view of the restriction of the right to sue, the government introduced legistlative changes, which ensure that certain Accident benefits are available regardless of any violation of the statutory Conditions. Refer to the section on the statutory Accident benefits schedule for details of the exclusions, which relate specifically to it. Statutory Conditions outline the legal duties and responsibilities of each party to the contract and are binding on all parties. Insured must be advised that when they breach conditions applicable to them, a loss of coverage will normally result. The statutory conditions applicable to automobile Insurance policies are essentially the same for all provinces. However, provincial variations may exist.
Many of the statutory conditions are explained in plain language in section 1.4 - Your Responsibilities; Section 1.5 - Where to make a claim and who may make it; Section 1.6 - Our rights and responsibilities; and, Section 1.7 - Cancelling your Insurance
Despite a failure to comply with these statutory conditions, a person is entitled to such benefits as are set out in the Statutory Accident Benefits schedule.
8.1 Material Change in Risk
Insured's must notify the insurer promptly in writing of any changes within their knowledge that is material to the contract. The Insurer must be advised of any change which occurs after the policy has been issued which serves to increase the chance for loss.
Material Change Required to be reported to the Insurer
The Butler's 19 year old nephew, Randy, has been living with them for four months. Prior to moving in to their home, Randy had two convictions for impaired driving. When he was 17, he totaled his parent's car while racing against a friend on a gravel road near a town. Bert and betty allow Randy to use their car in the evenings and on weekends. As is indicated by Randy's driving history, there is an obvious increase in exposure to the insurer. The Butler's are obligated to advise the Fortress Insurance company.
Other factors which may be material and required to be reported to the Insurer include:
a) Change in Insurable Interest
When this change occurs without the actual transfer of the automobile, the Insurer's exposure may be increased. For example, when the automobile is given to a member of the Insured's family, the new owner and principal driver may represent a greater exposure to the Insurer.
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b) Addition of mortgage or lien
If a mortgage, lien or other encumbrance affecting the auto is made after the application has been completed, the insurer must be notified or failing notification coverage for loss or damage to the auto itself may be denied.
c) Other Insurance
When other insurance for physical damage is purchased during the policy period, the insurer must be advised. Insurers are concerned about the potential for fraudulent losses when insured's purchase Insurance from more than one insurer.
8.2 Incorrect classification
If a client has been incorrectly rated, the insurer is required to make the necessary correction. This may require the refund of excess premium and the payment of interest at the bank rate on the overpayment. If a correction requires additional premium to be paid it must be requested within 60 days after the contract is made and no interest is charged.
8.3 Monthly Payments
This condition allows the client to pay the premium in equal monthly installments. The interest rate is in accordance with the regulations in the Insurance Act.
8.4 Authority to Drive
The Insured shall not drive or operate the automobile unless the insured is authorized by law to drive or operate it. The same requirement will apply to anyone else that the insured may permit to drive. To be authorized you must have a valid license. Even though you may be qualified to drive, failure to renew your license may invalidate the coverages. The Insured is prohibited to use or permit the vehicle the vehicle to be used in the following:
a) Race or speed test
b) Any illicit or prohibited trade or profession
8.5 Requirements where loss or damage to persons or property
1. The Insured shall:
a) Give to the Insurer written notice, with all available particulars, of any accident involving loss or damage to persons or property and on claim made on account of the incident;
Notice is defined later in section 8.7. The written notice specified here must be delivered within seven days of the incident, provided the insured is able to do so. If the insured is unable to provide this notice due to incapacity or injury, the insured must provide this notice as soon as possible thereafter.
The requirement for notice is important as the failure to provide such notice could result in a loss of coverage. The courts have ruled that the obligation for notice depends on the circumstances of the loss. For example, in accidents involving serious bodily injury or property damage to others, it is expected that the Insurer will be advised immediately. On the other hand, more time would be permitted to report damage caused to a neighbour's bicycle that was left on the Insured's driveway.
b) Verify by statutory declaration, if required by the Insurer, that the claim arose out of the use or operation of the automobile and that the person responsible for the operation of the automobile at the time of the accident is a person insured under this contract; and
c) Forward immediately to the Insurer every letter, document, advice or statement of claim received by the Insured from or on behalf of the claimant
The Insurer has both a right and duty to defend the Insured in any legal action. When it is clear that the other party involved in the accident is contemplating or has initiated legal action against the Insured, copies of all legal documents received must be forwarded immediately to the Insurer.
2. The Insured shall not:
a) Voluntarily assume any liability or settle any claim except at the Insured's own cost; or
Insureds must be advised that any voluntary assumption of liability, or efforts they take to settle any claim except at Insured's own cost; or
Insured's must be advised that any voluntary assumption of liability, or efforts they take to settle the claim on their own, may impair the ability of the Insurer to provide a proper defence. The right to investigate, defend and settle claims rests with the Insurer and not the Insured. Accordingly, any obligations or costs incurred without the consent of the insurer are not recoverable under the policy.
b) Interfere in any negotiations for settlement or in any legal proceeding.
As the Insured's irerevocable attorney, the Insurer has full control over the settlement and defence of all claims against the Insured. By the provisions of this condition, the insured agrees not to interfere in those proceedings.
3. Insureds are required to assist the insurer in their defence. When requested to do so, these costs will be paid by the Insurer.
8.6 Requirements where loss or damage to the automobile
6. 1) Where loss of or damage to the automobile occurs, the insured shall, if the loss or damage is covered by this contract.
a) Give notice thereof in writing to the Insurer with the fullest information obtainable at the time.
b) At the expense of the Insurer, and as far as reasonably possible, protect the automobile from further loss or damage; and
This condition contains the rules applicable to claims involving loss or damage to Insured automobile. Specifically, the Insured must:
** Take all reasonable steps to protect the automobile from further damage.
Duty of Insured after loss to protect Automobile from further damage
Last Sunday, XYZ lost control of their car on a country gravel and ended up in a ditch. Before the car could be stopped, it ran over a large rock , causing extensive damage to the steering mechanism. Betty called for a tow truck and the car was taken to the company storage coumpound. The towing and storage costs were paid by the Insurer.
There are benefits to insurers in paying all these costs. For example, removing the automobile from the accident site will normally prevent pilferage, vandalism and other losses which might otherwise occur should the automobile be lft there.
Provide the Insurer with prompt written notice of any claim.
c) Deliver to the Insurer within ninety days after the date of the loss or damage a statutory declaration stating, to the best of the Insured's knowledge and belief, the place, time, cause and amount of the loss or damage, the interest of the Insured and all others therein, the encumbrances thereon, all other Insurance, whether valid or not, covering the automobile and that the loss or damage did not occur directly or indirectly through any willful act or neglect of the Insured.
A proof of loss must be provided wihin 90 days of the date of the accident. If this is not done, the Insurer is not legally bound to honor the claim. In practice, most Insurers will provide payment when a proof of loss is received after the allowable period, provided there is a reasonable explaination.
6. (2) Any further loss or damage accruing to the automobile directly or indirectly from a failure to protect it as required under sub condition (1) of this condition is not recoverable under this contract.
When the Insured fails to take reasonable steps to protect the automobile from loss, the insurer may deny payment on that portion of the damage which could have been prevented. For example, if the automobile is not removed from the accident site,. Theft and vandalism losses will normally occur. These losses could have reasonably been prevented and will not be paid by the Insurer.
6. 3) No repairs, other than those that are immediately necessary for the protection of the automobile from further loss or damage, shall be undertaken and no physical evidence of the loss or damage shall be removed:
a) Without the consent of the Insurer; or
b) Until the Insurer has has a reasonable time to make the examination for which provision is made in statutory condition 9.
The insured is authorized to make repairs which are "immediately necessary" for the protection of the automobile. For example, the insured is authorized to replace a tire damaged in the accident in order to move the automobile to a safe location. In all other cases, repair cannot be undertaken without the Insurer's permission. 6. 4) Examination of the Insured
Insureds shall submit to examination under oath at such reasonable time and place as is designated by the Insurer and shall produce all documents that relate to the matters in question and permit extracts and copies thereof. This right can be important when the Insurer suspects the Insured may be attempting to make a fraudulent claim or when the Insurer is establishing the basis for the defence for a serious liability claim.
6. 5) Insurer liable for cash value of Automobile
Loss or damage shall be ascertained according to actual cash value with proper deduction for depreciation. Factors considered in determining the amount of depreciation to be applied include:
a) Exterior paint, trim and condition
b) Mechanical condition;
c) Mileage
d) Interior upholstery claim
e) Equipment and Accessories
f) Tires;
g) Any other information that affects the automobile's value
6. 6) Repairing, Rebuilding
Except where an appraisal has been made, the insurer, instead of making payment, may repair, rebuild or replace the property damaged or lost if, within seven days after the receipt of the proof of loss, it gives written notice of its intention to do so.
The insurer always has the option of making settlement on the basis of repair or replacement as opposed to the payment of money. When it elects to repair or replace, the insured must be advised no later than seven days after the insurer has received the proof of loss. If Insured's have not received the proof of the intentions of the Insurer within that period, they are entitled to be paid on a cash settlement basis. If the Insurer decides to repair the automobile after an accident, the Insurer may, but does not have to use new parts provided by the original equipment manufacturer. It is important to note that the Insurer has the right to use rebuilt or refurbished and non-original (after market) parts, provided these parts are of a like kind and quality of the parts which they are to replace.
In case of disagreement as to the nature and extent of the repairs and replacement required, or as to their adequacy, or amounts payable, The Insurance acts provides that these questions shall be determined by appraisal. The majority of physical damage claims are settled without dispute. In the event, the parties cannot agree on the work or repairs to be done, adequacy of repairs or amounts payable, either party may request that an appraisal be provided. The details relating to the appraisal process are provided in the Insurance Act.
6. 7) No abandonment: Salvage
There can be no abadonment of the automobile to the Insurer wuthout the Insurer's consent. If the Insurer exercises the option to replace the automobile or pays the actual cash value of the automobile , the salvage if any, shall vest in the Insurer.
This simply means that the ownership and responsibility for the automobile after a loss remains with the Insured, even when it is apparent that loss is a total loss. When the automobile is replaced or the full actual cash value is paid by the Insurer, the salvage is the property of the Insurer. This prevents Insureds from profiting from their loss. However, this does not prevent the Insured from negotiating the purchase of the wreck as a part of the final settlement.
8.7 Time Limit
This section requires the insured to send the notice stated in the statutory conditions 5 and 6 within seven days of the incident. If the insured is unable because of incapacity notice must be given as soon as possible. This may be applicable if the Insured is seriously injured in the incident.
8.8 Inspection of the Automobile
The insured shall permit the Insurer at all reasonable times to inspect the automobile and its equipment.
The insurer has the right to inspect the automobile "at all reasonable times" This allows the Insurer to confirm that the automobile for which coverage is being claimed is one which is insured by the policy. Also, such inspection helps to verify the extent of the damage caused to the automobile.
8.9 Time and manner of payment of Insurance money
Payment for which the insurer is liable under the contract must be made within 60 days after the receipt of the proof of the loss, provided no appraisal has taken place. If an appraisal has taken place, the insurer is liable to make payment within fifteen days of the appraisal. This allows the Insurer a reasonable amount of time in which to investigate and process the claim. If the insurer refuses to pay the claim, the insurer must promptly inform the insured in writing, stating the reasons for not paying the claim.
The insured may not commence an action against the insurer until the requirements of statutory conditions 5 and 6 are complied with. If an action is brought against the Insurer, such action must be commenced within one year after the date of loss for recovery of loss or damage to automobile or its contents, and within two years after the cause of the action arose for loss or damage to persons or other property.
8.10 Who may give notice and proof of claims
Notice and proofs may be given and made by the agent of the insured in case of absence or inability of the Insured to give the notice or make the proof, providing absence is satisfactorily accounted for, or if the insured refuses to do so, a claim may be made by a person to whom any part of the insurance money is payable. There may be ocassions where insureds are unable to give notice of loss or proof of loss. It would be unfair to deny them the right to collect under the contract in the event they are legitimately unable to do so. In such instances, a person appointed by the Insured can act on their behalf. If insured refuse to file notice and proof of loss, a mortgagee or other party of interest is entitled to make a claim under the policy.
All amounts payable under the policy shall be reduced by the applicable deductible amount mentioned in the policy.
8.11 Termination
The OAP 1 Termination Statutory condition differs from most of the other property/casualty policies due to legistlated three strikes for non-payment of premiums. The insureds may cancel the policy at any time, subject to a short rate return of any prepaid premium. Should the Insurer cancel, for any reason other than the non-payment of the premiums, cancellation is subject to a 15 day notification period beginning the day following the mailing of the notification, which must be sent by registered mail. This period can be shortened to a 5 day notification period if the notice is personally hand delivered. If there is a refund due to the Insured, the refund is issued on a prorata basis, and should accompany the cancellation notice.
The first two cancellations for non-payment of premiums in a policy term are subject to a 30 day notification period beginning the day following the mailing of the notification, which must be sent by registered mail, or, a 10 day notification period if the notice is personally hand delivered. To prevent the cancellation taking effect, the insured must pay the premium owing at the time of the cancellation, as printed on the notification, by noon of the business day proceeding the cancellation date specified. The third cancellation for non-payment in a policy term follows the same format as any other cancellation. 15 or 5 days nhotice is provided, depending on the notification method used by the Insurer, and there is no requirement for the insurer to reinstate the policy, even if the premiums owed to them are paid prior to the cancellation effective date. Cancellations are effective at 12:01 am on the date specified, which means the insured actually has only one minute of coverage on the cancellation date.
8.12 Notice
Any written notice to the Insurer may be delivered, or sent by registered mail to, the chief agency or the head office of the Insurer in the province. Written notice may be given to the insured named in this contract by letter personally delivered to the insured or by registered mail addressed to the insured at the insured's latest post office address as notified to the insurer. In this condition, the expression registered means "registered in or outside canada.
This Condition serves to outline the rules respecting communications between the Insured and Insurer. Insureds who fail to advise the Insurer of a change in residences during the policy period may have their coverages terminated without being aware of the termination. This is because the insurer is required only to address such notice to "latest post office as notified to the Insurer"
8.13 Statutory Accident benefits protected
The statutory condition allows for payments as set out in the statutory accident beenfits schedule outlined in section 4 of the Ontario Automobile policy (OAP1) even if there has been a failure to comply with the statutory conditions.
Endorsements
Endorsements are used to make changes (i.e., adding or deleting coverage) to insurance policies. The endorsements used to modify the OAP 1 are known as Ontario policy change forms and are referred to as OPCF's. Many endorsements have been standardized over time and, like the policy wording, have been written in plain language. The content of an endorsement may not be aletered in any way. A bried description of some of the standard endorsements have been set out below. It is recommended, however, that you refer to the actual endorsement for more details. Those endorsements currently included within the OAP 1 wording are highlighted. Students should take particular note of these.
OPCF 2 - Providing coverage when named persons drive other automobiles
This endorsement extends the "other Automobiles" coverage provided under section 2.2.3 of the OAP 1 to persons named in the endorsement. It is used to prevent a shortfall in coverage, as the policy limits these coverages specifically to the named insured and his or her spouses.
OPCF 3 - Drive government Automobiles
Provides coverage for a person driving a vehicle owed by the government of Canada or any province or territory of Canada. Government Vehicles are exempt from the mandatory insurance requirements.
OPCF 4a - Permission to carry explosives
Provides coverage to carry specified explosives. The policy specifically excludes coverage when the vehicle is used for such purposes, which would result in coverage being denied.
OPCF 4B: Permission to carry radioactive material
Similar to OPCF 4A, this endoresements grants permission to carry specified radioactive material
OPCF 5: Permission to rent or lease automobiles and extending coverage to specified leesee
Provides coverage to leesee as if the leesee was the named Insured and to every other person who uses or operates the automobile with the leseee's consents. This is a very important change to policy wording as only the registered owner should be the named insured in every other case. It is a lengthy endorsement which essentially changes all phrases within the policy from "you" to "the leesee"
OPCF 5C - Permission to rent or lease
This endorsement gives the lessor permission to lease the automobile to the applicant. The insurer agrees to indemnify the lessee and every person who with the leesee's consent drives the automobile. The automobile cannot be leased or rented for more than 30 days to any one person (short term leases only)
OPCF 5D - Coversion Coverage (Rented or leased Automobiles)_
This endorsement is used for vehicles that are rented or leased. Under Section 7 "Loss or damage coverages", you should be aware of the following: The insurance company will not pay for a claim resulting from a dishonest claim of ownership, illegal disposal, or theft of the automobile by anyone who has legal possession of it under a written agreement except a lease.
OPCF 6 A - Permission to carry paying passengers
This endoesements allows the automobile to be used to carry paying passengers.
OPCF 6B - School Bus
Permits carrying passengers for compensation for school purposes that would otherwise be excluded under section 1.8.1 of the policy.
OPCF 6C - Public passengers Vehicles
Permits carrying passengers for compensation or hire and sets out limits of liability that are available.
OPCF 6D - Driving Training School
Permits carrying passnegers for comepnsation or hire only.
OPCF 7 - Separate Limits
Separates and specifies the limits under the liability coverage afforded in section 3.
OPCF 8 - Property Damage Reimbursement
This endorsement makes the insured responsible for part or all of any loss or damage to other people's property covered under section 3 of the policy "Liability Coverage"
OPCF 9 - Marine Use Excluded
Excludes loss or damage occurring while the automobile is on or in water or during the landing or launching process.
OPCF 13C - Restricting Glass coverage
Restricts the coverage for glass damage to losses caused by perils listed in the endorsement.
OPCF 16 - Suspension of Coverage
This endorsement suspends certain coverages for a specific period of time (this endorsement is often requested if the vehicle will not be driven during winter months). You will often be asked about the OPCF 16. It is important that you understand this endorsement.
OPCF 17 - Reinstatement of coverage
As the name implies, this endorsement reverses that action of OPCF 16 and restores coverage.
OPCF 19 - Limiting the Amount paid for loss or damage
This specifies that the insurer shall not be liable under section 7 of OAP 1 for any more than the actual cash value of the insured vehicle or the amount specified under this endorsement, whichever is less. This endorsement could be used on high value vehicles, vans, motor homes, ATV's snow mobiles, etc
OPCF 19A - Agreed value of Automobiles
This endorsement is in reference to section 7 of OAP #1 and allows a described automobile to be insured on a value basis. This could be used to insure classic, custom or antique vehicles, etc (You should know the difference between OPCF 19 and OPCF 19A)
OPCF 20 - Coverage for transportation replacement
This endorsement expands upon section 7.4.4 of the policy and provides replacement transportation for any insured loss under section 7: Loss or damage coverages that exceeds the deductible amount for any one claim.
OPCF 21A - Monthly Reporting Basis Fleet (Applicable to Ontario Licensed Automobile)
Provides coverage for vehicles that are leased for a period of more than 30 days. Vehicles must be listed and statements of receipts or mileage (or other agreed means of rating) must be submitted to insurer on a monthly basis.
OPCF 21B - Blanket fleet coverage for Ontario licensed Automobiles
This endorsement is used to insure automobile fleets and provides other methods to identify what automobiles are covered.
OPCF 22 - Damage to property of passengers
Provides coverage to property of passengers as if it belongs to the insured.
OPCF 23A - Lienholder protection
This endorsement provides protection for the lienholder's interest in the insured vehicle. Should there be a claim to loss or damage to the described automobile in which the lienholder has an interest, and the claim is settled in the form of a payment instead of a repair or replacement being made, the payment will be made jointly to the Insured and the lienholder.
The lienholder is also protected through notification of any deletion of physical damage coverages or of any cancellation of the policy by the insurer.
OPCF 23 B - Mortgage (broad Form)
This endorsement provides a greater measure of protection for the lienholder or the mortgagee than the OPCF 23A.
OPCF 24 - Fire Apparatus
Eliminates the Insurer's liability for loss or damage to firefighting, salvage or rescue equipment removed from the Insured vehicle at the location of a fire.
OPCF 25A - Alteration
Covers a wide variety of possible changes to the policy that is indicated in the appropriate spaces.
OPCF 27 - Liability for damage to Non-owned Automobile(S) and providing other coverages when Insured person's drive other Automobiles.
This endorsement extends coverage to a non-owned automobile including its equipment resulting from the care, custody or the control of the non -owned auto by the Insured persons and persons named in the endorsement. (eg. A rental vehicle) It is important that you understand fully the coverage provided in this endrosement.
OPCF 27 B - Business operations - Liability for damage to Non-owned Automobile(S) in the insured's care, Custody or control
This endorsement is designed for commercial clients who have automobiles belonging to others in their care, custody or control
OPCF 28 - Reducing Coverage for Named Person
This endorsement reduces coverages, limits of liability and loss of damage for specified named persons
OPCF 28A - Excluded Driver
This allows for specific individuals to be excluded from the coverage under the automobile policy, other than for certain Accident benefits coverage. The excluded driver must sign this endorsement.
OPCF 29: Additional coverage for named person
Extends coverage to allow specifically named person tooperate the insured vehicle.
OPCF 30: Removing coverage for Attached Machinery
With this endorsement an insurer will not be liable under section 3 Liability Coverage and section 4 Accident Benefits of the policy for loss or damage arising out of the ownership, use or operation of specified machinery, apparatus or its equipment, mounted or attached to the automobile. The insured may purchase a Commercial Generla Liability policy to cover this exposure
OPCF 31: Non- owned equipment
Extends coverage to equipment not owned by the Insured, but normally attached to the automobile.
OPCF 32 - Use of recreational vehicles by Unlicensed operators
This defines recreational vehicles as including snowmobile, trail bike, mini automobile, motor scooter, mini cycle, snow plane, motorized toboggan, moped, and motor assisted vehicle, all terrain vehicle, dune buggy or similar vehicles. It waives compliance with statutory condition 4.1 of the policy, which prohibits the insured or anyone with the permission of the Insured, from operating the Insured vehicle unless authhorized by law to do so. As a result, this would allow someone under the age of 16 to be insured while operating such a vehicle off a public highway.
OPCF 35 - Coverage for Emergency Road service
Provides reimbursement for up to $50 for emergency services each time the insured vehicle is disabled.
OPCF 38 - Agreed limit for automobile Electronic Accessories and Equipment
This endorsement limits the amount the company will pay for the loss or damage to automobile electronic accessories and equipment other than facotry installed equipment to agreed amounts. This is an important new endorsement which came in to effect January 1, 2001.
OPCF 40 - Fire Deductible
This endorsement makes loss caused by fire or theft of your entire automobile, if not already subject to it, subject to a deductible. This endorsement is normally added to recreational vehicles.
OPCF 43 - Removing Depreciation Deduction
In the event of a loss or damage to the insured automobile by a peril insured against, the insurer agrees not to deduct for depreciation. The amount payable is limited to actual purchase price of the vehicle and its equipment, the manufacturer's suggested list price at the time of the purchase , or the cost to replace automobile with a new automobile of the same make and model, similarly equipped whichever is less. The insured must be the original purchaser of the automobile.
OPCF 43 A - Removing depreciation deduction for specified leesee
It removes the Insurer's right to deduct depreciation when settling a claim for loss or damage similar to OPCF 43.
OPCF 44R - Family protection Endorsement
This endorsement will indemnify an eligible claimant for the amount that he or she is entitled to recover from an adequately insured or uninsured motorist as compensatory damages in respect of bodily injury to or death of an insured person arising directly or indirectly from the use or operation of an automobile.
This endorsement exists on almost every policy sold in Ontario. The minimum limit of the liability coverage in the province is $200,000. Almost everybody with an insurance policy will have a coverage for an amount greater than the minimum, either $500,000 or $1,000,000. The endorsement is designed to provide the same level of protection to the insured and his or her family as the insured has provided to the public at large with the liability limit shown on the insured's policy. If the Insured is struck by an under insured motorist, carrying only $200,000 liability coverage, and the insured's policy provides coverage up to $1,000,000 for legal liablity, the family protection endorsement could be called upon to pay up to $800,000 - the difference bwteen the insured's limit of liability and the limit of liability on the under insured motorists policy.
If the insured suffers a threshold injury as a result of the above mentioned collision and sues the under insured motorist for $600,000, the under insured motorist will pay only $200,000. Without the family protection endorsement, that would be all the insured could recover. With the family Protection endorsement on the policy, the insured would collect the remainder of the settlement, $400,000 from the endorsement, as if it were the under insured motorist's liability policy. The endorsement can be called upon to pay up to the difference between an underinsured motorists policy and the Insured policy liability limits for any incident of a similar nature. This endorsement will also top up the amount recoverable under these circumstances when only $200,000 is recoverable under the uninsured motorists section of the policy, or if the absolute liability provision is brought in to play due to the illegal and prohibited actions of the at-fault motorist.
OPCF 46 - Predetermined Income from self employment Agreement
It is designed to allow the Insured and Insurer to come to a prearranged agreement on what the Insured's annual income will be for the purposes of determining accident benefits.
OPCF 47 - Agreement not to rely on SABS priority of payment rules
If a client purchases Optional Accident Benefits, the insurer is required to issue an OPCF 47 at no charge. This endorsement allows the insured to claim Accident benefits including optional benefits provided by the policy regardless of the priority of payment rules in section 268 of the Insurance Act.
OPCF 48 - Added Coverage to offset Tort Deductibles
The Insurer agrees to indemnify the insured for $10,000 for an insured person and $5000 for a claimant under the family law act for non-pecuniary claim (Pain and suffering) .. (RIBO)
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