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Navigating the Process of a Motor Vehicle Accident Claim

Each year in Ontario, there are somewhere in the range of 220,000 auto collisions, approximately 81,000 of which involve personal injuries or fatalities. While this number seems staggering initially, consider that there are 9,592,489 registered Ontario drivers. Statistically, this means that only 3.51 Ontarians are killed per 100,000, and even less injured. Since so few drivers have thus experienced a serious motor vehicle accident, not many have gone through the process of filing an insurance claim. Rather than struggle through the process without vital information, this post will help you get a handle on your claim so an injured person won’t have to ask, “What is the process of a motor vehicle accident claim?”

 

Reporting the Accident

 

Before inquiring into the process of a motor vehicle accident claim, it is essential to report the accident. You’re required to report your accident to your insurer within seven days, whether you were at fault or not. Keep in mind that there are certain pieces of information you’ll need when reporting a car accident:

  • The registered owner’s insurance company and policy number;
  • The specs for the car (i.e. make, model, etc.);
  • The date, time, and location of the accident;
  • The extent of any injuries;
  • The extent of damage to the vehicle;
  • The name and badge number of the attendant police officer, if there was one;
  • And any other details you can gather.

After reporting the accident, you should be contacted by a claims adjuster from your insurance company. In the meantime, make sure to read this easy-to-understand guide to auto insurance coverage in Ontario. Knowing your policy rights and details is essential when dealing with a claims adjuster.

 

Assessing Fault

 

Once you’ve received a claims adjuster, the next step in the process is deciding who is at fault in the accident. In Ontario, fault is assigned in degrees (e.g. 25 percent, 50 percent, 100 percent), and these degrees are based on the content of the Insurance Act and the Fault Determination Rules. The claims adjuster is ultimately responsible for investigating the accident and finding the degrees of fault for the drivers involved.

If you disagree with the claims adjuster’s assessment, you can contact your insurance company to ask for a revised decision. However, insurance companies will only reconsider if you are able to bring new information or evidence to them (like a previously unknown witness, for example).

 

In the Case of Injury

 

Under the Statutory Accident Benefits Schedule (SABS), the law provides accident benefit coverage as part of every insurance policy in Ontario. The government offers these benefits when there is an injury or fatality in an accident, regardless of fault. To apply for accident benefits, submit the forms found here.

 

What is the process of a motor vehicle accident claim? By now it should be clear that the process is complex, requiring you to deal with your own insurance company, that/those of the other driver or drivers, as well as your own personal recovery. Rather than struggling, contact a car accident law firm today and make sure you receive every penny of compensation.

 

Sources:

http://www.mto.gov.on.ca/english/publications/pdfs/preliminary-2013-orsar-selected-statistics.pdf

http://www.med.uottawa.ca/sim/data/MVAs_e.htm

https://www.fsco.gov.on.ca/en/auto/forms/Documents/OAP-1-Application-and-Endorsement-Forms/1215E.1.pdf

https://www.fsco.gov.on.ca/en/auto/brochures/Pages/brochure_claims.aspx#accident