Very often people commit mistakes immediately after a motor vehicle accident. This can adversely affect their chances of getting legal compensation or insurance benefits for personal injuries or property damage. Although the number of accidents that occur every year appears to be high in Ontario, as per statistical data available, there are only 1.61 collisions for every million kilometers traveled with the province. What is important to know is that very often the person involved in the accident does not actually know what needs to be done after the car crash.
As a result, they commit mistakes that can stifle their chances of getting insurance benefits or what they are entitled to legally. Some of these mistakes are particularly common among Ontarians. As mentioned earlier, a person injured in a car accident in Ontario is entitled to statutory accident benefits. He or she may also be entitled to other compensation, provided the person takes action immediately after the accident has occurred. Time-lapse after the accident plays a critical role in this regard.
Some of the common errors made include failure to collect adequate evidence, admitting or accepting fault, not seeking medical treatment, discussing the issue on social media, settling too quickly, not reporting the accident to the authorities or trying to resolve the claims without proper advice from a lawyer. You can easily avoid these mistakes by consulting an experienced personal injury lawyer and claim compensation.
Failing to gather evidence:
One of the most important things to remember in a car accident is to collect available evidence from the scene of the accident as it can provide vital information about who is at fault. Very often the first thing one is anxious about in an accident is the well-being of self and other passengers. In the process, he or she may forget to collect the evidence about who is at fault. In fact, the accident scene is usually replete with evidence that can help you prove who is at fault. Basic evidence includes the identity, contact information, and insurance details of the other drivers involved in the accident. If possible, you should get a copy of their driver’s license and insurance policy as drivers may give false information. You can use your mobile phone to capture pictures of the accident scene and the above-mentioned documents. You could also gather information from witnesses who might have observed the accident and ask for their phone numbers. This may be useful for your lawyer at a later date.
Admitting fault:
One of the first mistakes that a person can make in an accident, is to admit that the accident was caused by you, whether it is true or not. This can happen either due to the tension during the accident or the feeling that the issue can be resolved quickly. Such an admission can actually put you into legal trouble later, if the other party involved asserts a tort claim. Hence it is best to be cautious, as your own words can be used against you later when a thorough assessment of the accident is undertaken.
Not Seeking Prompt Medical Treatment:
Many victims of accidents in Ontario generally avoid going to the hospital for medical check-up after an accident. They feel that the injuries are minor, or find it inconvenient to visit a hospital and do not want to burden others. Such a decision is detrimental to the person involved because sometimes the injuries are not noticed until later. Also injuries that you thought are minor can become worse later. Also the initial reaction of the victim is that taking rest is better than going to a hospital. However, it is always better to seek medical attention so that your injuries are identified and diagnosed by a healthcare professional for two reasons. Firstly, a trained healthcare professional will be able to identify the injury and advise you about the treatment. Secondly, medical treatment will help you in providing the evidence to prove the extent of your injuries in court or to an insurance company, if required.
Failing to Report the Accident:
According to Ontario laws, in order to qualify for statutory benefits, one must report an accident to the insurance company within seven days. If a car accident has led to injury or damage of vehicles that is expected to be above $2,000, the police need to be informed. All other accidents need to be reported to a Collision Reporting Centre with 24 hours. If the above norms are not complied within the given time, the benefits may be delayed or lost altogether. Hence, it is critical to report an accident as soon as possible.
Settling Too Quickly:
It is very difficult for a car crash victim to assess the full extent of damages incurred due to the accident. He or she may not understand the legal rights and implications right away. Hence it is better to seek the guidance of a car accident lawyer who is skilled and experienced to put forward a claim for benefits. Never agree to settle a claim at the spur of the moment by signing documents after an accident. Insurance companies will try to persuade you to settle your claim immediately so that they can reduce the compensation amount they have to pay. Always consult an accident lawyer with experience before signing documents of an insurance company or another driver.
Discussing Car Accident on Social Media:
Social media, like Twitter, Facebook and Instagram, has gained great popularity among people today. People like to post everything on social media including status updates, photographs of accidents and descriptions of injuries and how they are coping with them. This can go against you as lawyers and insurance companies are also turning to social media accounts of victims for evidence that can be used against them. Hence it is best to keep away from social media when you are dealing with legal claims such as tort claims or accident-benefit claims.
Not Contacting an Experienced Ontario Personal Injury Lawyer:
If you are the victim of a car crash in Ontario, remember to contact an experienced personal injury lawyer from Ontario. Laws regarding compensation after an accident in Ontario state are complex. In fact, insurance companies are always represented by experienced lawyers to guide them with the laws, irrespective of the type of claim for property damage to your vehicle, whether it is the accident-benefits claim from your own insurance company or a tort claim with another driver’s insurance company. In order to get the best benefits entitled by Ontario laws, you must seek the advice of an Ontario personal injury lawyer in your region, Toronto, Scarborough, or Mississauga.
