FAQ – Car Accident

I’ve had a car accident. What do I do?

Follow these 6 steps:

  1. Check to see if you and your passengers are injured or able to move comfortably.
  1. If you can, check the occupants of the other vehicles to see if anybody needs a paramedic.
  1. If you have any suspicions of driver impairment or DUI, call 911 immediately.
  1. Do not move anyone who is injured instead call 911
  1. Collect this information about the other driver:
  • Licence plate number
  • The name, make and year of the vehicle
  • Name of the driver’s Automobile Insurance
  • Auto Insurance Policy Number and date of expiry.
  • Use your camera phone to take as many photos as you wish to document the accident in case any claims are made.
  1. Contact your Auto Insurance Company and give them the information that you have collected about the other driver.

What could happen to me if I leave the accident?

You may be charged with criminal offenses and prosecuted according to 252(1) of the Criminal Code. If found guilty, face 5 years of imprisonment.

Your driving record would be damaged and you might not be able to get auto insurance again.

What do I do if the police arrive?

Give the police the facts, be calm and avoid blaming yourself or the other driver.

What do I do if the police ask you to fill in an accident report?

Request a copy of the accident report and check to see that all the information related to the officer is included in the form.

Use your camera phone to record a picture of it and email it to yourself if no copy is available.

Should I visit my doctor or go to a Hospital Emergency?

First, use your camera phone to record a picture of any injuries or bruises and email it to yourself right away.

Sometimes injuries don’t show up right away. It is important for you to visit your doctor after a vehicle accident or go to the hospital emergency.

If I have injuries when should I call to arrange legal representation?

Call a personal injury lawyer as soon as possible to arrange a consultation.

Get a free consultation with one of our Car Accident Personal Injury Lawyers in Toronto now: 416-835-7411

Find out what your options are regarding a potentially successful claim. Your personal injury lawyer may start your claim right away in order to apply for any statutory accident benefits that you are immediately entitled to.

What are “statutory accident benefits”?

You may be entitled to the following statutory accident benefits when injured in a car accident. In Ontario, where there is “no-fault insurance” you are entitled to apply for these accident benefits through your own insurance company regardless of who’s at fault.

They are:

  • Medical treatment benefits
  • Rehabilitation benefits
  • Income replacement benefits
  • Non-earner benefits
  • Disability benefits
  • Caregiver benefits
  • Attendant care benefits
  • Housekeeping benefits

What if the other driver was at fault and I am injured?

You have the right to sue the driver at fault for pain and suffering if you “meet the threshold”.

What is the “threshold”?

To meet the threshold the injured person must have sustained a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function. If you are not sure if you meet the threshold give us a call at 416-835-7411 for more information

Are there other restrictions to suing for pain and suffering?

There are several restrictions to an injured person’s right to sue including a $30,000.00 deductible in Ontario. However, in certain cases it doesn’t apply when the amount awarded is greater than $100,000.00. The “no-fault insurance” is complex and requires a specific understanding of its many regulations and conditions. Our personal injury lawyers are experienced in the steps to be taken to ensure the process is followed correctly.

Are all cases settled out of court?

Many injury cases are settled out of court if the proposed settlement offer is fair. Your personal injury lawyer will discuss the details of the offer to inform you of its benefits and non-benefits of the offer.

Will my representative represent me if my case goes to trial?

Yes your experienced personal injury lawyer will represent in court at your trial.

Do my family members have a right to sue if I die or sustain serious injuries?

Yes, your family members have the right to sue if you are no longer able to support the needs of your dependents because of your injuries, and assuming they meet the threshold.

The Motor Vehicle Accident Claims Fund has sent me legal documents, what do I do?

Contact your personal injury lawyer or, the lawyer for the person making the claim against you, (the plaintiff).