WHAT SHOULD I KNOW IF I HAVE BEEN INJURED IN A MOTOR VEHICLE ACCIDENT?

It is critical to your claim that you notify your accident benefits insurer right away, and you are required to do so within seven days. As a policyholder, it is your duty to inform the insurer, and failure to do so could negatively impact your benefits and the outcome of your settlement.

Our advice is to speak to a personal injury lawyer before speaking with your insurance company, so they can give you proper legal advice. The insurer will also request that you research what access to benefits and insurance coverage you have through different outlets, such as work, school, or private plans. If you were injured in a car accident, put safety first.

At the accident scene, if anyone is hurt or the traffic is dangerous, call 911. If you can do so safely, switch on your hazard lights, move out of harm’s way, and take photos of vehicle positions and visible damage. Exchange contact information, note the other vehicle’s license plate, and keep any paperwork if you require a tow. Where appropriate, call the police.

You may be directed to a collision reporting centre to report the accident and obtain a collision report number. Keep any police report details you are given. If you have been in an accident in Ontario, these early records can help resolve disputes about how the collision happened.

YOUR EXPENSES MAY BE RECOVERABLE

It is important that you keep receipts, dates, and records of all your related expenses for both you and your family members. The insurance company will want you to provide an explanation as to what exactly the receipt was for and how it is related to the accident.

For instance, if you keep your taxi fares, the insurance company will require you to provide a diary as to where you traveled and what for exactly. In most files, the paperwork drives the outcome. Keep a simple list of prescriptions, treatment visits, travel, and household supports.

Many claims proceed under the statutory accident benefits schedule, and your insurer may send an application for accident benefits that is commonly expected back within 30 days of receiving it. Depending on your situation, benefits may include income replacement benefits. Keep repair and rental documents as well, as they help show the timing and extent of the damage.

YOUR FAMILY DOCTOR IS INSTRUMENTAL TO YOUR CASE

Your family doctor provides a great timeline of your injuries, and his or her records hold a significant amount of value and weight in the litigation process. It is important to begin to document your injuries from the beginning, and visiting your family doctor is a good start.

Our office generally tells our clients to see their family doctor at least once a month, depending on the injuries they have sustained and where they are in the healing process. Do not delay seeking medical attention if symptoms appear or change.

It is common to notice pain or limitations after the initial shock of a collision fades. Consistent reporting helps your doctor track your recovery and creates a clear timeline that insurers frequently scrutinize.

BE CAREFUL WHEN SPEAKING TO THE INSURER

It is important that you be careful when discussing your claim with your insurer’s representative, since they record just about everything you say. Most lawyers, and our office as well, recommend that you do not go into great detail when speaking with the insurance representative, and in fact, all contact funnels through our office.

If our lawyers feel that a statement to the insurance company may help your case, then we facilitate these meetings at our office, where we are present. Be polite, but do not guess about fault. If there is a dispute about the at-fault driver, early comments can be taken out of context.

Your auto insurance adjuster is not your advocate. This is where a lawyer can help: we keep communications accurate and consistent with your medical records and the collision report details.

GET A PERSONAL INJURY LAWYER AS SOON AS POSSIBLE

Accessing the benefits that you are entitled to and advancing your claim against the defendant driver is done best with a personal injury lawyer on the case. Our lawyers will meet with you free of charge and without obligation for the initial consultation.

If you or a loved one has suffered injuries from a motor vehicle accident or some other harm, contact our office now. You don’t pay anything during the course of the personal injury lawsuit until your case is won or a settlement is reached.

Depending on the facts, you may also have a tort claim against the other driver. That can include claims for pain and suffering and other losses. Experienced accident lawyers build the file early, document the full damage, and pursue fair compensation based on evidence, not assumptions.

Bernstein Law Group is a personal injury law firm representing clients dealing with a car accident in Ontario and other serious injury cases, including in Milton, Oakville, Dundas, Brantford, Stoney Creek, Burlington, Ancaster, and Cayuga.