In Canada, motor vehicle accidents are costly, both to people and property. The most recent data, gathered for the 2013 calendar year, details that over 122,000 motor vehicle collisions accounted for more than 165,000 injuries and cost the economy a total of $19.8 billion in direct and indirect medical charges. Yet, despite the apparent widespread frequency of motor vehicle accidents, many people have never experienced a collision and so have never filed a claim. For those of you who (unfortunately) find yourselves asking, “What is the process of a motor vehicle accident claim?”, take a look at our condensed step by step guide.
But First…
Wait, wait, wait. Don’t get ahead of yourself. Before any part of the accident claim process, you need to make sure that you have a solid understanding of your insurance policy, because it’s only too easy to get lost in technicalities and end up accepting whatever your claims adjuster, lawyer, or family members might tell you. Ontario insurance policies are bound by the Ontario Automobile Policy (OAP), which is written in plain language (not legalese) and will help you know exactly what you’re entitled to.
Report the Accident
You are required to report the accident to your insurance company within seven days, regardless of who is at fault. When reporting the accident, you’ll need to have some information on hand, including:
- Your insurance policy number;
- The make, model, year, registration, and license plate number of the vehicle; and
- Details of the accident, such as:
- The extent of any injuries,
- The number of passengers (if any),
- The extent of damage to the vehicle,
- The names and license plates of the other drivers involved and their respective insurance companies, and
- The name and badge number of the police officer who responded (if any).
Dealing with Your Claims Adjuster
After reporting your accident, you will be contacted by a claims adjuster from your insurance company. Depending on the severity of the accident, the adjuster will either come to meet you in person or deal with your case entirely over the phone. Your claims adjuster is required by the terms in the OAP to explain the coverage you will receive and help guide you through the process.
Fault Assessment
In Ontario car accident claims, fault is determined according to the Fault Determination Rules. These are not the same rules that the police follow in filing criminal charges—if the police officer at your accident doesn’t charge you with an offence, you may still be at fault for insurance purposes.
Vehicle Damage
Mandatory coverage set out in the OAP dictates how much compensation you will receive (unless you’ve purchased any optional coverage). With mandatory coverage, you will be reimbursed for the percentage to which you are NOT at fault. For example, if you are found to be 75% at fault, you will be reimbursed for 25% of damages, minus deductibles.
Injuries
The Statutory Accident Benefits Schedule (SABS) allots accident benefits for those injured in a serious motor vehicle accident, regardless of fault. These benefits may include income replacement, caregivers, medical and rehab bills, and, in the case of fatality, compensation to family members and funeral costs.
Seek Out a Car Accident Lawyer
Of course, the above are only broad strokes. But few know the answer to the question, “What is the process of a motor vehicle accident claim?” better than experienced Ontario car accident lawyers. If you’re filing a claim, get a free legal consultation from the best accident law firm today.
Sources:
https://www.fsco.gov.on.ca/en/auto/brochures/Pages/brochure_claims.aspx#top
http://www.ontario.ca/laws/regulation/900668
https://www.fsco.gov.on.ca/en/auto/forms/Documents/OAP-1-Application-and-Endorsement-Forms/1215E.1.pdf
https://www.tc.gc.ca/media/documents/roadsafety/cmvtcs2013_eng.pdf
http://www.theglobeandmail.com/life/health-and-fitness/accidents-cost-economy-198-billion/article4282447/
http://www.ontario.ca/laws/regulation/100034