For many Ontarians injured in car accidents, the experience is nothing short of shocking and traumatic.
Over the years, my clients have consistently told me that they had no idea what they were supposed to do immediately after the collision.
Everything happened so fast that they weren’t thinking about their injuries or legal rights – they were simply trying to process the situation.
If you are hurt in a collision with another driver in the province, here are three things you need to do.
1. Get medical attention
From a legal perspective, it’s very important that you get the medical assistance you require following the car accident.
Every time you meet with your doctor or another health professional, the appointment is documented in writing. This is known as a paper-record.
Regularly seeing medical professionals following the car accident helps build a reliable written history of your case. When you apply for benefits, the paper-record will show your auto insurer the steps you have been taking to get better.
If you don’t get timely medical assistance, there could be major gaps in the written history of your case.
As a result, your insurance company may argue that you didn’t make a proper effort to get better following the car accident, which could affect the amount of compensation you receive.
READ MORE: The insurer cut off his benefits. Then his lawyer reviewed his medical assessment
One of my clients, who was a farmer, was seriously hurt in a collision. He suffered several injuries, including a broken arm and a concussion.
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A major and lasting impairment from the car accident was his anxiety, which he didn’t have prior to the incident.
Unfortunately, my client wasn’t comfortable getting help for it. He didn’t tell his doctors, wasn’t taking any medication for his anxiety and didn’t participate in therapy.
Despite this, Samfiru Tumarkin LLP was ultimately able to get him compensation for this part of his claim.
However, the lack of medical documentation on his condition and the fact that he didn’t try to alleviate his anxiety made the process more difficult.
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2. Report the accident to your auto insurer
Regardless of whose fault the car accident was, it’s strongly recommended that you inform your insurance company of the collision within seven days of the incident.
Once you have notified your auto insurer of the car accident, an adjuster or case manager will be appointed to your file. Shortly after, you will receive a form called Application for Accident Benefits (OCF-1).
Accident Benefits, or “No Fault Benefits”, are benefits that you can apply for right after a car accident – even if you were the driver responsible for the collision.
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These benefits can be used to help you cover medical bills, lost income and other injury-related expenses.
3. Speak with a personal injury lawyer
Injuries from a car accident can have a profound impact on an individual’s physical, emotional and financial health. Understanding your legal rights and entitlements is crucial if you end up in a serious collision with another driver in Ontario.
If you apply for Accident Benefits, and your insurance company denies your claim, contact an experienced personal injury lawyer, like the ones at Samfiru Tumarkin LLP.
Our team can review your situation and identify the mistakes your auto insurer made when turning down your claim.
READ MORE: Insurer being difficult? 3 reasons you should hire a lawyer
If the car accident wasn’t your fault, we can also help you take legal action against the at-fault driver through a tort claim.
Our lawyers provide free consultations and don’t get paid unless we secure the compensation that you are legally entitled to.
Injured in a car accident that wasn’t your fault? Auto insurer refuses to provide you with Accident Benefits?
Contact the firm or call 1-855-821-5900 to secure assistance from a personal injury lawyer in Ontario. Get the advice you need — and the compensation you deserve.
Michael Gerhard is a personal injury lawyer and senior associate at Samfiru Tumarkin LLP, one of Canada’s leading law firms specializing in employment, personal injury and disability law. The firm provides free advice through Canada’s only Employment Law Show and Disability Law Show on TV and radio.