An Asphalt Shooting Defies Jurisdictions

On October 16, 2012, in Gatineau, Ontario, Ottawa, Quebec, by Rosalie McLachlin

Ottawa Father Shot, Then Caught in Insurance Hell

After a 70-year-old hunter shot him in the foot, an Ottawa father of two finds he doesn’t have a leg to stand on when it comes to settling a disability claim. He’s now reaching out to lawyers to recover what little he can.

Earlier this year, Andrew Duffy of the Ottawa Citizen told Allard’s story: In September 2010 Jean-François Allard was loading catalogues into the front seat of his car in a Gatineau, Quebec parking lot when he heard an explosion, then felt sudden pressure against his left leg.  When he looked down, he saw blood everywhere.

“My life has been forever altered”

Police later told Allard that a man in the vehicle next to him had accidentally discharged a hunting rifle from the back seat. The man was “…apparently taking the rifle’s torn leather case to a cobbler to have it repaired.”

That’s when Allard’s real pain set in: the struggle of recovering from, and receiving compensation for, his shattered leg and life:

  • Seven surgeries to repair the leg including knee surgery, skin and bone grafts, and an implant
  • Three weeks in hospital, four months in bed, and ongoing rehabilitation
  • More than $20,000 on physiotherapists
  • The unnamed gun owner’s hunting insurance won’t compensate Allard because the gun was not fired while hunting
  • The gun owner’s auto insurance won’t compensate Allard because the vehicle had nothing to do with the incident
  • The gun owner’s Quebec victims agency won’t compensate Allard because Allard doesn’t live in Quebec
  • Allard’s Ontario victims agency won’t compensate him because the incident happened in Quebec
  • Allard’s Ontario workers’ compensation plan doesn’t cover him because he is self-employed

“It’s always ‘claim denied, claim denied, claim denied’ everywhere I turn,” says Allard. “All claims have been denied, yet my life has been forever altered by a senseless act of criminal negligence.”

And to add insult to injury, writes Duffy, “Allard’s lawyers tell him his best hope now is to launch a civil lawsuit, but the man who shot him seems to have few assets. He lives in a rented apartment and drives an older-model car.”

What will he do next? What would you do? At times like these, we all need an insurance law expert.

If you have been denied an inter-provincial disability claim, get a second opinion. For a free lawyer referral, call toll-free at 1-855-843-9729.

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