Getting rear-ended at a red light or T-boned at an intersection happens in seconds, but what you do in the minutes and hours afterward can make or break any future legal claim. Most people are shaken up, confused, and just want to get home, but taking the wrong steps can cost you thousands in compensation later.
Here’s what you need to know to protect yourself legally from the moment of impact:
Stay at the Scene (It’s the Law)
This may come as a no-brainer, but in Ontario, you can be charged with hit-and-run even after an injury-free fender-bender incident. Regardless of how minimal the damages may seem, you are obliged by the law to stop.
When traffic permits, move your car off the road, but do not drive elsewhere. Turn on your hazard lights and use flares or reflective triangles in case you have them. If your car is not in an operating condition, take yourself and your passengers to the sidewalk.
Check for Injuries First
Check to see that everyone is okay before you concern yourself with vehicle damage or insurance claims. Dial 911 if someone is injured. Cost is a reason some refuse ambulances, but this may hurt them later because insurance companies love claiming that since a person wasn’t injured enough to have called an ambulance, they were not hurt.
Adrenaline can cover up pretty severe injuries. We have dealt with cases where individuals walk out of accidents thinking they were fine, only to realize a few days later that they have a herniated disc, concussions or other injuries.
Call the Police (Even for Minor Accidents)
According to Ontario law, police reports are mandatory in cases of accidents causing injuries to any person, accidents resulting in substantial property damage, or disagreements with the person responsible. And in case of even a minor accident, an official police report puts you in a better place with the insurance companies.
The investigating officer will document the scene, may interview witnesses and determine who was at fault. This official determination carries weight in settlement negotiations. Without a police report, it becomes a “he said, she said” situation that’s much harder to resolve in your favour. If the other driver is charged and pleads guilty or is found guilty following a Provincial Offences trial, this puts you in the driver’s seat (pun intended) when it comes to proving liability, or fault.
When talking to the police, stick to the facts about what happened. Don’t speculate about causes or admit fault, even if you think you might have contributed to the accident. Let the investigation determine fault based on evidence.
Gather Evidence Like Your Claim Depends on It
Your phone is your best tool for protecting your legal rights. Photograph everything: pictures of the damage caused to the vehicle, pictures of the accident site, skid marks, traffic signs, road conditions, and injuries that can be seen. There is no such thing as too many pictures, and you can sift them afterward.
Obtain details of the other driver: full name, cellphone, driver’s license number, insurance company, policy number, and license plate. Lack of insurance details on hand is a red flag; uninsured drivers will usually attempt to order you around and get you not to involve the police or the insurance company.
Talk to witnesses before they are gone. Individuals pass by accident scenes very quickly, making it extremely difficult to locate them afterward. Obtain their names and phone numbers, and request that they write a short account of what they observed. Their statements could be crucial if the fault becomes disputed.
Watch What You Say
Insurance adjusters will question all the people involved and will seek a statement that implies you were at fault or that your injuries are not very serious. Avoid discussing who was at fault or speculating about what caused the accident.
Downplaying injuries is especially risky. It’s okay to say you’re not sure about injuries and want to be checked by a doctor.
Deal With Insurance Companies Carefully
You need to report the accident to your insurance company promptly; most policies require notification within 24 hours. However, reporting to your insurer differs from talking to the other driver’s insurance company.
The other party’s insurance company may contact you quickly. They might seem friendly and helpful, but remember, their job is to minimize what they pay out. Be polite but cautious. Don’t give detailed recorded statements without legal advice.
Never accept a quick settlement offer right after the accident. You don’t know the full extent of your injuries or damages yet, and early offers are almost always far below fair value.
Get Medical Attention
Whiplash, concussions, and damage to soft tissues are some of the most prevalent car accident injuries, and sometimes these conditions do not reveal their symptoms right away. Always seek medical attention at the first sign of any health concern after an accident, without delay.
A visit to the hospital or your family doctor will generate medical records that will be used to reference your injuries from the crash. Waiting weeks to take treatment provides insurance providers with the grounds to claim that the injuries were caused by a different condition or are not significant.
Comply with all prescriptions and make careful notes of each visit, medication and treatment. Such records form very important evidence in any legal claim.
Don’t Sign Anything You Don’t Understand
As you recuperate in the following days and weeks after your accident, you may be provided with different documents by insurance companies. Never sign anything before reading it or having an Ottawa car accident lawyer review it. Some documents might waive your rights to future compensation or authorize access to your complete medical records.
Be particularly wary of medical authorizations that allow insurance companies to access all your medical records, not just those related to the accident. They might use unrelated medical history to argue that your current problems existed before the crash.
Document Everything
Open an accident-dedicated file in which you are going to store all these documents: police reports, insurance-related communication, medical reports, estimates of repairs, and receipts of the expenses, such as towing or rental cars. Note down your symptoms of pain, how injuries impact your normal routine, as well as lost days at work.
This documentation becomes the foundation of any legal claim. The more detailed your records are, the better your chances in settlement negotiations.
Guard Your Future
Car accidents are stressful, and everything you do after that incident may define whether you will be adequately compensated for the injuries and losses. Being represented by an experienced injury lawyer Ottawa can mean everything when you already face pain, insurance companies and growing bills.
The team at SG Injury Law have helped drivers navigate car accident claims for over two decades. With a commitment to client success, we handle everything from minor collisions to catastrophic injury cases on a “no win, no fee” basis.
If you’ve been in a car accident, don’t face the insurance companies alone. Contact our personal injury law firm Ottawa for a consultation: we offer flexible meeting options, including virtual consultations and home visits to accommodate your recovery needs. Let us protect your legal rights while you focus on getting better.
Frequently Asked Questions
- Is a minor accident reason enough to call the police?
Calling the police is always a good idea, even in minor crashes. A formal documentation is beneficial in insurance claims and also cushions you when the other motorist claims higher damages or injuries later on. - What happens in case the other motorist lacks insurance?
Don’t panic. If you have uninsured motorist coverage, then your own insurance may pay for your damages. This coverage is standard in Ontario. Still, document everything and consider legal consultation. - How long do I have to file a claim in Ontario?
You typically have two years to file a lawsuit, but insurance claims should be reported immediately. Don’t wait – evidence disappears and memories fade. - Should I accept the first settlement offer?
No. Initial offers are usually far below fair value. Get your damages properly evaluated before accepting anything. - What if I think the accident was partly my fault?
Never confess fault on the spot. You may receive compensation even though you may have contributed to the accident. And you will still be 100% entitled to Ontario’s no-fault accident benefits.