What
Is the
Process of a
Motor Vehicle Accident Claim?
There is no doubt about it, being in a car accident is
extremely stressful. You may be in shock, upset, or physically in pain. Sometimes,
it is difficult to think clearly. There are many steps that need to be taken,
steps that may impact your life in the days to come. You may be asking yourself, "What do I need
to do, what is the process of a motor vehicle accident claim?”
First Steps After a
Car Accident
- Stop. If
your vehicle is involved in an accident and you don’t stop you may be subject
to criminal prosecution.
- Call 911. If anyone is injured and if the damage
to all vehicles appears to be more than $1000, or if you suspect any of the
other drivers may be driving under the influence of alcohol, call the
police.
- Gather information. Ask witnesses for contact
information. Write down names, addresses, telephone numbers, and drivers’
license numbers. Get the names and addresses of the registered owners of the
vehicles.
- Use your cellphone to take photos and videos of
the accident scene.
- Keep any and all receipts and documentation
related to the incident.
- Do not voluntarily assume responsibility, sign
any statements regarding fault or promise to pay for any damage at the scene of
the accident.
- Notify insurance. According to the Financial
Services Commission of Ontario, you must do this within seven days.
However, be careful of making statements to the insurance company that could
negatively impact the outcome of your case.
- Call a lawyer if you have any confusion about
your situation or what steps to take.
Making a Claim
Depending on your insurance, or the type of motor vehicle
accident you are involved in, there are a variety of claims that can be made.
Claims against drivers are called tort claims. Tort claims are designed to
compensate for pain and suffering caused by an accident. Claims against
insurance companies are called Accident Benefits claims. Regardless of who caused the accident,
Accident Benefits are available to anyone involved. If you or a family member has been injured,
benefits that may be available include income replacement, medical
rehabilitation, the coverage of a personal attendant, funeral expenses, travel
expenses, etc.
The insurance company will want to assess the degree of
fault assigned to each driver involved in the accident. This is to determine which insurance company
property damages coverages will apply to the accident and if premiums need to
be adjusted in the future. A minor collision may be handled over the phone or
an insurance adjuster may want to meet you in person. In either case, you may
want to speak to a lawyer before talking to the adjustor.
When to Call a Lawyer
After an Accident
If you have any questions or confusion about your situation,
it is best to err on the side of caution and call a lawyer. Find a lawyer experienced in
personal injury law. A reputable firm will give you a free
consultation and let you know how they can help. A lawyer can fill out the insurance claim
forms, help you understand your insurance policy and guide you through the
legal process. A good lawyer can answer
your question; what is the process of a motor vehicle accident claim?
Motor
Vehicle Accidents in Toronto
The city of Toronto has approximately
12,000 car accidents recorded per year from 2004–2010. In 2011, for the first 6
months, there were 5,133 car accidents in Toronto. If you are involved in a
motor vehicle accident in Toronto, contact a personal injury lawyer in Toronto
to help you file your claims and receive the accident benefits that you are
eligible for.
Motor
Vehicle Accident Benefits
You might not be aware of all of the
benefits that you are able to receive after a motor vehicle accident occurs. At
Sokoloff, the different types of accident benefits that are available to you
are:
*Income replacement/caregiver/non-earner
*Rehabilitation and medical
*Home maintenance and housekeeping
*Death and funeral expenses
Lawyers at Sokoloff will work with you
every step of the way after a motor vehicle accident and there is never a
charge to just sit down and talk about your case. Until we achieve a
settlement, there is no lawyer’s fee.
Complete a consultation form
here.