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Even experienced and safe drivers may get into a car accident. Getting in a car accident is often a stressful experience, and knowing what to do next can be difficult. Here are the most important steps to take if you are involved in a car accident.
If it is safe to do so and your car is drivable, drive your car to the side of the road to allow traffic to flow. You should then turn your engine off.
If it is not safe to do so or your car is not drivable, turn your hazard lights on and wait in your car until emergency services arrive.
After a car accident, ask how other parties involved are doing and see if they need medical attention. If a party is injured, you should not move them, but rather wait until emergency services arrive.
You will want to take photos and videos of the accident scene and of the cars involved. Also take notes on the weather and road conditions, as well as the conduct of other drivers. You may forget this information later, so the more detailed your notes, the better.
It is also important to record the names, phone numbers, license plate numbers and insurance details of all involved parties. Record names, phone numbers, e-mail addresses, license plates and insurance details of involved parties. Also record the names, phone numbers and e-mail addresses of witnesses to the accident.
If a police officer arrives at the scene, you should take down their name, badge number and contact information and follow-up for their motor vehicle accident report.
Further, if a car is towed away, you should take down the details of the towing company that removes any vehicle that is not drivable.
It is important to call 911 to report your accident and request immediate medical attention. In fact, you are required to report any accident that is worth more than $2000 of damages to the police. If police are not involved, you have 24 hours from the accident date to report to your accident to the Collision Reporting Centre. Every municipality has their own Collision Report Centre. You can follow this link for Toronto’s Collision Reporting Centre.
Even if you think injuries are minor, you should go to family doctor, physiotherapist, hospital, psychologist or see any other health practitioner that can assess your injuries or complaints. Doing so allows your injuries to be documented in writing. You should keep copies of your medical records, the names of health practitioners that you have seen since the accident and receipts for any accident-related expenses, such as for medication. You should also continue to have follow-ups with your health practitioners, as this builds a written history of your case and shows the insurer that you have taken steps to get better. You should be sure to share all of your injuries, no matter how minor, with your health practitioners. If you leave anything out, those injuries or complaints will not be recorded in your medical record, and it will be harder to prove that those injuries resulted from the accident.
It is helpful to provide a written list of your injuries to your doctor as they don’t always completely record what you tell them.
If another party offers you compensation on the spot, you should not accept it until you speak to a lawyer. Otherwise, you may be accepting less compensation than you are entitled to.
While emotions may be high after a car accident, you should keep in mind that what you say may be used against you later during litigation. Do not admit fault and do not get angry with another party. Try to remain calm and focus on taking the necessary steps.
You have seven days from the accident date to report your incident to your insurance provider. An adjuster will be assigned to your file and provide you with a form called Application for Accident Benefits (OCF-1). This application allows you to obtain benefits, even if you are the at-fault driver. However, be wary of the application deadline, as you have 30 days from when you receive the form to submit your application.
A lawyer can help advocate for your best interests and assist to see that you get the best rehabilitation possible as well as the compensation you deserve, because they understand your legal rights. A lawyer can help you navigate the complicated insurance and healthcare systems. If you are not the at-fault driver, a lawyer can also help you bring a tort claim against the at-fault driver. Note that you have two years from the accident date to commence a claim.
If you’ve been injured in a car accident and need legal advice, contact one of our motor vehicle accident lawyers today to request a free consultation.
On December 12, 2024, the lawyers and staff of Davidson Cahill Morrison LLP celebrated the holiday season together with a family style lunch at Gusto 501.
It is not uncommon for a car accident victim to subsequently suffer further harm through medical negligence while being treated for accident related injuries. This decision illustrates the importance of understanding the interplay between medical malpractice and statutory accident benefits.
At first “blush” this Exclusion appears to exclude just about everything. Regrettably we have seen denials from title insurers that reference this Exclusion in a very aggressive way. Title insurers, and the lawyers that sell their policies, suggest to Insureds that they can make claims on their own behalf.
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