What to Do after a Car Accident: Understanding your Legal Claims

You’ve been injured in a car accident and are wondering what potential legal claims you can make. You’re in the right spot. Individuals injured in car accidents in Ontario have two potential claims.

Accident Benefits

The first claim is called an Accident Benefits or “No Fault” claim with your own automobile insurance company. In Ontario, all drivers are required to carry a valid policy of car insurance. However, an absence of car insurance does not prevent you from being able to make an Accident Benefits claim. If you are injured as a passenger, pedestrian, or cyclist, you can still make a claim through Accident Benefits. Accident Benefits claims through the Statutory Accident Benefits Schedule (SABS) can be made by an injured individual, even when they are at fault for the accident.

Accident Benefit claims are designed to provide treatment to injured individuals early in their recovery without having to wait for compensation from a lengthy lawsuit. In addition to funds for treatment, if a person is unable to work due to their injuries, they may qualify for income replacement benefits. Depending on the specific circumstances, additional benefits such as housekeeping benefits and non-earner benefits, may also be available.

Many individuals who suffer personal injuries in a car accident first become aware of Accident Benefits when their automobile insurer sends them a thick envelope full of complex insurance forms. It is important to keep in mind that there are specific timelines that need to be followed when submitting forms to your insurance company. Failure to adhere to these deadlines can cause unnecessary delays in receiving treatment.

While injured individuals are able to fill out the forms and apply for Accident Benefits on their own, many find the process overwhelming, especially when attempting to recover from their injuries. Additionally, it is best to seek advice from an experienced car accident lawyer for guidance, as information provided can sometimes be utilized by the insurer to limit compensation.

For more information about Accident Benefits, please read our free Guide to Accident Benefits, or call our office today 705-408-4438.

Personal Injury Lawsuits

The second claim that an individual injured in a motor vehicle accident can make is a lawsuit against the other driver who is at fault. This is commonly referred to as a “tort” claim. Even if you are partly at fault for the accident, you are still able to start a lawsuit against the other driver. When starting the lawsuit against the other driver, the other driver’s car insurance company will defend the claim on their behalf.

Before starting a lawsuit, it is important to gather all the available facts concerning your claim. To do this, we obtain a variety of documents such as relevant medical records, income tax records, police reports, and witness statements. These records are essential pieces of evidence used in personal injury lawsuits. While law clerks and paralegals at our firm regularly request these documents, it can be daunting for injured individuals who are not familiar with the legal process to gather this information on their own.

Starting the actual lawsuit involves preparing the Statement of Claim, along with any other necessary court documents, and filing them with the appropriate courthouse. Once the Statement of Claim is issued by the court, it then needs to be served on the at fault driver, known as the Defendant. Although you can start a lawsuit on your own, it is beneficial to consult with a personal injury lawyer who knows the complicated procedures and rules that govern civil litigation in Ontario. At Foster Injury Law, we do all the work necessary to properly complete your claim. Focusing on your recovery should be your main priority, so let us carry the burden of complex legal procedures for you.

Have questions about your personal injury lawsuit? We’re here to help. Contact our office today for a free consultation.