What to do if you’ve been in an accident

If you or someone you care for has been in an accident, it can be overwhelming. We are a personal injury law firm and we have been through this before. That’s why we’ve prepared this quick a list of considerations to help you navigate through the initial stress of being in an accident.

In the immediate aftermath of an accident, be sure to collect the personal and insurance information from whoever was involved, plus any witness information if possible.  We have created a separate, printable document here.  Following this, here are the steps you should take:

Step 1: Contact your Doctor

If you haven’t already - contact your family doctor if you have been injured. Even if you leave the scene by ambulance, it is vital that you let your family doctor know as soon as possible (i.e. within 24 hours) so they can properly help you. If you experience headache, confusion, memory loss, nausea/vomiting, difficulty walking, seizures or changes in behaviour you should seek medical attention immediately. These can be symptoms of a concussion and proper medical care is critical to recovery.

Step 2: Seek Legal Advice

Seek legal advice, even if you’re not sure you have a case. Contact a personal injury law firm and find out all your options. Initial consultation is often available at no cost (for example, Campisi LLP does not charge for initial consultations). Always get legal advice prior to making any written or sworn statement to an insurance company.

Step 3: Call your Insurance Company

If you were in a car accident, you should:

• contact your own car insurance company, or your spouse’s, or the person upon whom you are dependent (e.g. parent or guardian), or,

• if you or your spouse or guardian do not have car insurance, then you should contact the insurer of the vehicle you were in, or of the vehicle that struck you. When speaking with the insurer in this scenario, only give notice that you were involved in a car accident, specifying the date/time of the Motor Vehicle Accident and the name of the policy holder, and nothing more. Or,

• if you have no insurance and the vehicle that struck you is uninsured or has fled, you can apply to the Motor Vehicle Accident Claims Fund

Step 4:  Investigate Financial Assistance Options

No matter what type of accident you were in, if it has impacted your ability to work, regardless of whether you were employed at the time of the accident, you should investigate financial assistance options that may be available to you through the following:

• your employer 
• your bank (mortgage insurance) 
• school student insurance 
• credit card insurance

Getting in an accident is very disruptive. If your injuries are minor and your recovery is expected to be straightforward it’s still important to follow the right steps to ensure your interests are properly covered.

If you have suffered serious injuries, you should have legal assistance. The accident benefits process is adversarial: you want to obtain all the treatment, assistance and income support you need; your insurer wants to pay as little as possible. 

It is also not a level playing field. You are likely not familiar with the complex Accident Benefits system, while insurance adjusters receive extensive training on the law and how to handle claims. Often insurance companies deny claims to accident victims without real justification. There have been many cases of “special awards” and punitive damages imposed against insurers that acted callously or unreasonably withheld benefits. A lawyer can help protect you from such behavior. In addition, if you wish to pursue a lawsuit against the person who caused the accident, you will need a lawyer to navigate that process.