Car Accidents and Your Rights

People who retain me after suffering injuries in a car accident have many questions about their rights under their insurance policy. Insurance coverage varies from province to province and state to state. Therefore, your entitlement to sue for damages is different depending on where you live and where the car accident occurred.

Regardless of where your car accident has occurred, don’t count on the insurance company to tell you your rights. In fact, I’ve seen some instances where the insurance company representative will show up at an injured person’s doorstep days after a car accident and tell him to settle now or expect to get nothing. I’ve even heard of insurance representatives going so far as to say ‘if you talk to a lawyer about this, we won’t give you anything.’ Hopefully your insurance company will not act with such ill will. But if this happens, do not sign anything. They are undoubtedly trying to strong arm you into a really bad settlement. My suggestion is to kick the insurance representative out of your house and call a lawyer immediately. If the insurance company is willing to offer any settlement to you for your injuries soon after a car accident, you can count on likely being entitled to a lot more. In fact, you may be entitled to payments for certain losses even if you were totally at fault for the car accident.

If you have already signed a settlement agreement with the insurance company without having the benefit of legal advice, you may be able to revoke the settlement agreement. If you feel that your insurance company has given you an unfair settlement for your car accident, contact a motor vehicle lawyer without delay.

To know your rights following a car accident, the insurance policy often has to be read in combination with the legislation and the common law (cases that have been decided in the courts). You may be entitled to accident benefits from your own insurer in a ‘no fault’ insurance system in addition to being able to sue the other driver responsible for the car accident.  Don’t assume the insurer will tell you what you are entitled to after your car accident. It is likely that they will not tell you everything. Don’t assume your policy will outline everything you are entitled to either. You may be entitled to more under the legislation than is outlined in your motor vehicle insurance policy.

A lawyer who practices primarily motor vehicle accident law will be the best person to tell you what you should be entitled to under the terms of your insurance policy and the governing legislation.  Contact Injury Alliance and they will help you find a car accident lawyer who will tell you what your rights really are.

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