Missing crash history foils driver's challenge to Definity's MIG cap
A court has rejected a driver's attempt to challenge Definity Financial's application of Ontario's Minor Injury Guideline (MIG) cap after the claimant failed to produce the required crash history. The ruling underscores how difficult it is for motorists to argue their injuries fall outside the MIG without complete accident records.
What happened
A driver seeking to overcome Definity Financial's application of Ontario's Minor Injury Guideline (MIG) cap has lost their legal bid after failing to produce their crash history. The court found that, without the missing documentation, the claimant could not establish the basis needed to push their injuries outside the standard MIG framework.
What it means for consumers
Ontario motorists who believe their injuries should be classified outside the MIG — and therefore qualify for higher accident benefit limits — must be ready to back that claim with thorough evidence. This ruling reinforces that insurers and courts will scrutinize the documentation behind any challenge to a MIG designation, and gaps in a driver's crash record can effectively end the argument before it is heard.
What it means for premiums
No direct premium change has been announced.
Coverage considerations
Ontario's Minor Injury Guideline caps medical and rehabilitation benefits for most soft-tissue and minor injuries at a fixed ceiling (currently $3,500 for medical and rehabilitation benefits). Claimants whose injuries are accepted as falling outside the MIG can access substantially higher benefit limits, but as this case illustrates, the evidentiary burden sits with the insured. Drivers should preserve crash reports, police records, and prior claims history to strengthen any future dispute over injury classification.