What should I do if I’m injured in a car accident?
The first thing to do, at the scene of an accident, is to obtain the other driver(s) information, including insurance particulars and licence plate number.
If there are any witnesses present it is always helpful to obtain their contact information as well.
Call 911 to report the accident to the police. If immediate medical attention is required you should request to be taken to the nearest hospital.
While waiting for emergency vehicle to arrive, take photographs of all involved vehicles and their positions before they are moved or towed.
In the days following the accident you should report the accident and your injuries to your insurance company by no later than 7 days after the accident. You should also contact and arrange to see your family physician soon after the accident.
Lastly, contact a Personal Injury Lawyer for a free consultation to discuss the next step.
What compensation am I entitled to?
Every individual has the right to make a claim for compensation and all your resulting losses. The compensation should attempt to put you back in the same position you were as though the accident never occurred.
In Ontario, everyone is entitled to make a claim through your own insurance company or the vehicles insurance company regardless of who was at fault for the accident. Accident Benefits are designed to provide injured people with immediate help with medical bills and loss wages. To learn more about the accident benefits you may be entitled to claim, click here.
Lastly, if the car accident was caused due to the negligence of another driver you are entitled to make a third party claim against the at fault driver and their insurance company. This is what is known as the Tort Claim. A third party claim permits the injured party to receive compensation for their pain and suffering and all past and future monetary losses and expenses not covered by your insurance company.
Why do I need a lawyer?
It is important to remember that insurance companies are businesses. As a business, insurance companies make more money by paying less in claims to accident victims who don’t know their legal rights.
In order to start a claim there are many deadlines and time sensitive paperwork that insurance companies require. An experienced Personal Injury Lawyer can deal with the insurance company on your behalf so you focus on getting better.
The only way to get a complete explanation of your legal rights is by speaking to our experienced personal injury team at Chera Law Office. In most cases, early investigation and information collection is essential to the success of a claim. At Chera Law Office, we will give you a free, no obligation consultation so contact us now.
What are your fees?
We understand that people who have suffered serious injuries as a result of others negligence are already facing many financial and other undue hardships. For that reason at Chera Law Office you don’t pay unless we recover compensation for you. We will even cover the costs of advancing your claim until it is successful. We are also pleased to offer a FREE no obligation consultation.
What if I wasn’t in my own car at the time of the accident?
If you were injured while being a passenger or driving another motor vehicle, according to the laws in Ontario, you have the right to claim accident benefits from your own insurance company.
What if I don’t have insurance?
In Ontario, if you were injured in a motor vehicle accident and you don’t have your own insurance policy you still have the right to claim accident benefits. In this situation, you are entitled to claim accident benefits from any of the following policies insuring:
- Your spouse;
- Your parents;
- Other dependents;
- The car you were travelling in; or
- The other car involved in the accident
Very rarely there maybe a situation where none of the above policies are available. In these such cases, a claim can be made to the Motor Vehicle Accident Claims Fund, which is a governmental organization that provides coverage to individuals where no other insurance coverage is available.
What is the limitation period?
A limitation period is a legal time limit that forces you to start a claim within a specific time period after the accident that caused your injury. Failure to abide by the limitation period can be fatal to your claim and may even preclude you from recovering any compensation.
The limitation periods vary for different accidents, in some matters the limitation maybe years and in others it may be a matter of days. Therefore it is crucial to consult with an experienced personal injury lawyer to determine the applicable limitation period for your claim. At Chera Law Office we will be happy to explain the process to you. Call today to book your free, no obligation consultation.
What if I am at fault for the accident?
Even if you are entirely at fault for the motor vehicle accident, you are still entitled to receive accident benefits from your own insurance company. Depending on your injuries, you maybe entitled to receive income replacement, non-earner, caregiver, medical and rehabilitation and attendant care benefits. In some cases these benefits can add up to hundreds of thousands of dollars.
Contact Chera Law Office today to find out how we can help you!