Direct compensation property damage (DCPD) dispute
Disputing your own insurer's vehicle damage settlement.
What is included
- Reviewing the insurer's fault decision under Ontario's Fault Determination Rules
- Reviewing the repair estimate, valuation or total loss offer
- Preparing a written dispute to the insurer with supporting evidence
- Explaining the options if it is not resolved, such as the insurer's complaint process or Small Claims Court for claims within its limit
What is not included
- Charges for medical reports, assessments and records, and other disbursements
- Later stages, such as a Licence Appeal Tribunal hearing or reconsideration, unless the service names them
- A personal injury lawsuit against an at-fault driver, which is usually lawyer work
- An appeal or judicial review of a Licence Appeal Tribunal decision in the Divisional Court, which needs a lawyer
- Medical or rehabilitation treatment
Who this service is for
- Drivers who disagree with their own insurer's fault finding or damage settlement
- Owners of a vehicle written off for less than they believe it is worth
Information to have ready
- 1Photos of the vehicle and the scene
- 2Repair estimates or the total loss offer
- 3The insurer's fault decision
- 4Police or collision reporting centre details
Frequently asked questions
How much does it cost?
The fee is $450 plus 13% HST ($508.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
How does my insurer decide fault?
Ontario insurers use the Fault Determination Rules, a regulation that assigns fault according to set collision situations. The rules can be applied wrongly, so a check can be worthwhile.
Does fault affect my accident benefits?
No. Accident benefits are paid regardless of fault, though fault may affect your premiums and your vehicle damage claim.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the insurer and, if there is a dispute, the Licence Appeal Tribunal decide
- Deadlines under the Statutory Accident Benefits Schedule are strict
- The service covers accident benefits only, not a lawsuit against another driver
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