Have
You Been Involved in a Toronto Car Accident? Consult a Lawyer in Order to
Better Understand Your Rights
Many individuals think that the first step
after seeking any necessary medical attention is to contact their automobile
insurance provider. Insurers require written notice of a claim within seven
days of the accident. However, what may be a more cautious and careful route to
take is to speak with a Toronto personal injury lawyer before contacting
the insurer. A reputable and experienced personal injury lawyer will work on
contingency and is paid when a settlement is executed.
"No-Fault”
Insurance
Ontario has what is called "no-fault” vehicle insurance. People assume
that the term indicates that no one is ever to blame when a collision occurs.
What "no-fault” actually means is that if a driver is involved in an accident
and has premiums paid to date, he/she has rights to benefits for income replacement,
medical, and even funeral costs, as outlined by the Ontario Insurance Act.
One may ask, if there are standard
benefits, why consult a lawyer? The reason is simple: unless the accident
victim is already well versed in insurance policies, he/she may not be aware of
all the benefits available. Once an insurer sends the victim the forms that are
to be filled out, the victim only has 30 days to return the paperwork. So, if a
potential benefit is unwittingly omitted, a subsequent application could be denied.
And, if the accident results in a catastrophic injury, standard benefits
will likely be insufficient for long-term disability. This is a situation that
should not be handled by a layperson.
The
Accident Victim Is Partly or Wholly At-Fault
The Ontario Insurance Act very clearly
defines the type of vehicle accidents that take place and determines whether
zero, partial, or full blame is to go to Vehicle A or Vehicle B (or to more
vehicles, if that be the case). A driver who is determined to be partly or wholly
at-fault might not be aware that as long as an insurance policy is active, the
at-fault driver still has rightful claims to benefits. Regardless of how the
accident happened or who caused it, one is entitled to accident benefits, depending on the type of
injuries.
The
Other Driver Is Uninsured or Leaves the Scene
It is estimated that 2,000 at-fault
uninsured drivers cause accidents each year on Ontario roads. Many times, they
try to avoid police charges by fleeing the scene of the accident, hence the
phrase "hit and run”. The person who remains on the scene, having sustained
injuries and/or vehicle damage, is left trying to figure out who can be made to
pay reparations.
With a personal injury lawyer’s guidance,
the accident victim can make a claim to his/her own insurer. In some cases,
pursuing a claim through the Financial
Services Commission of Ontario’s Motor Vehicle Accident
Claims Fund may also be possible.
Invaluable
Expertise
Insurance legislation and policies are
complicated to read and it is just as complicated to submit an application.
Think of a personal injury lawyer as a "car accident lawyer”. Like a good voice
navigational system to steer safely through Toronto roads, a "car accident
lawyer” comprehensively navigates the ins and outs of compensation.