A motor vehicle accident in Ontario can result in numerous unanticipated financial consequences. Compensation may be available through Ontario’s statutory Accident Benefits and possibly a civil tort initiated against a negligent driver.
Understanding the recommended plan of action after a car accident may protect your right to compensation. Below are five steps to take after a serious motor vehicle accident and injury in Ontario.
Your claim and/or lawsuit will depend on evidence that may include:
A lawyer from Goodman Elbassiouni LLP can handle this aspect of your claim. Our legal team maintains relationships with medical and vocational experts, as well as accident reconstructionists whose testimony lends credibility to the evidence we gather to support your claim. Learn more during a free case consultation. Call (905) 265-1005.
Your health and safety are the first priorities after an accident. Some latent injuries, such as concussion or whiplash, may take several days to manifest. A thorough medical examination is recommended even if you believe your injuries are relatively minor.
Seeking medical attention also helps strengthen your claim for benefits. It does so by creating a record of your injuries and expenses, while also demonstrating your commitment to preserving your physical wellbeing.
Police should be called to the scene of any motor vehicle accident involving personal injury or property damage exceeding $1,000. Non-injury accidents or those resulting in less than $1,000 in damage should be reported to the authorities at a Collision Reporting Centre within 24 hours.
A personal injury lawyer assists you with pursuing justice and compensation. It is recommended to contact a lawyer as quickly as possible after an accident. This way, you have a professional on hand to guide you through every step of the process.
You may use a free case consultation as an opportunity to determine which lawyer is the best fit for your case.
Questions to ask a potential lawyer may include:
Bear in mind that many personal injury lawyers operate on a contingency basis. This means you do not pay a lawyer unless he or she successfully settles or wins your case.
You must notify your insurance provider of your accident within seven days. You should indicate that you will be applying for Accident Benefits and request an Application for Accident Benefits (OCF-1 Form). This application must be completed and submitted within 30 days of receipt.
You have just 120 days in which to notify another driver if you intend to file a personal injury tort against him or her. Thereafter, you have two years from the date of the accident to commence a formal lawsuit for your pain and suffering, lost income and any other accident related losses.
A failure to meet these deadlines may bar you from full financial recovery. Your lawyer can ensure you meet all deadlines, but only if you contact him or her quickly after an accident.
Yes.
The court will decide what percentage, if any, that you will be found to be contributorily negligent for failure to wear a seatbelt. The court has held a plaintiff to be negligent for failure to wear a seatbelt to be between 0 to 25%, with the upper end only available in those cases where substantially all of the damages and injuries could have been prevented if a seatbelt was worn. It is for the defendant to establish, on a balance of probabilities, that the use of a seat belt would have lessened or prevented the injuries. Usually, the defendant will need to rely on an engineering expert, with supporting medical evidence.
Yes.
You must put the City of Ministry of Transportation on notice within 10 days of the accident. If you fail to do so, you can still pursue an action if there is a reasonable excuse for the late notice and the City or the Ministry is not prejudiced.
Yes.
When you are involved in a hit and run accident wherein you are not at fault, you can still proceed with a tort claim. Your own auto insurance company provides coverage for unidentified motorist coverage .
This also includes situations of a pedestrian knockdown case where the vehicle that struck you took off.
The unidentified limits for damages are $200,000.00 per accident.
However, if there is independent evidence of the involvement of the unidentified vehicle, you can claim for damages over and above $200,000.00 up to your policy limits.
What is considered independent evidence – corroborating evidence, either by way of an independent witness or physical evidence indicating the involvement of an unidentified vehicle.
It is important that you obtain contact information of all witnesses at the scene and also report the accident to the police within 48 hours and notify your insurance company of your intention to sue within 120 days.