Motor Vehicles

Every year almost three million people are injured or killed in car accidents in North America, 127,995 right here in Ontario (Ontario Road Safety Annual Report, 2006). If you have been injured in a car accident, you need to know your rights. You need an experienced car accident lawyer to worry about the paperwork and fight the insurance company while you deal with recovering from your injury. You may also need to sue the driver of the other vehicle or the vehicle in which you were a passenger. All of this must be done within a certain length of time following the crash. If you don’t sue within the time limits, you will likely lose your right to sue.

Injury Alliance will help you find a Car Accident Lawyer / Attorney who will advise you of the important time limitations applicable to your case.

When Dealing with the Car Insurance Company, somewhere along the way you may have heard the term No Fault Insurance. No fault insurance can be a complex and confusing term. In Ontario, No-Fault means that you are entitled to a wide range of benefits, regardless of whether you were at fault or not. With the No-Fault system in Ontario, someone is always at fault. However, under most no fault insurance systems, you will deal with your own insurance company to compensate you for many of your damages regardless of who was at fault for the car accident. If you are injured in a car accident in a no fault regime, your own insurer may pay your medical costs and even provide you with some income replacement benefits. However, many of the damages you suffer in a car accident are not paid for by your own insurer. You may be able to sue the other driver for those damages. You need a car accident lawyer to sort out these confusing laws.

How Will No Fault Insurance Affect my Rates?

If you were involved in a car accident in Ontario which you were not at fault, under the new No fault Insurance system your rates should not be affected.

       If you were found to be at fault then your insurance rates may increase at your next renewal. Some insurance companies do allow you to keep your current rates if that was your first car accident. You would need to check with you insurance agent to find out more information.

What Can I Do if my Insurance Company Won't Pay?

       If you disagree with your insurance company’s decision about who was at fault or they won’t pay, there is more you can do. You can talk to your insurance adjuster and ask them how they determined fault. Insurance companies have different scenarios that they use to determine fault. You want to find out which one they used. For example, if someone was hit from behind at an intersection, the fault would normally go to the person who hit the car ahead of them. You could ask the insurance company to review you case if there new information becomes available, such as an eye witness testimony. If the insurance company still won’t pay or change their decision, you need to contact an experienced car accident lawyer who will work for you to fill out the appropriate forms and meet the strict time restrictions.

REMEMBER: No fault insurance does not mean ‘No Fault' Insurance. Someone is always going to at fault in a car accident.

When Can I sue the Other Driver?

There is a limit to what you can sue for following a car accident and how long you have to sue, this is called the Statute of Limitations. Your right to sue the other driver when you are injured in a car accident varies from jurisdiction to jurisdiction. In Ontario, the Statute of Limitations is 2 years. If you have been injured in a car accident you should meet with an experienced car accident lawyer to determine if you have rights to sue the other driver or possibly even the insurance company. Even if you are governed by no fault insurance, you may still have the right to sue the other driver. Know your rights before it’s too late to do anything about it.

What Should I Do if I’m Involved in a Car Accident?

Becoming involved in a car accident can be a hectic and confusing experience. Injury Alliance is providing you with detailed steps you should take should you be involved in a car accident in Ontario, Michigan or anywhere in North America. 

• First, try to keep your vehicle as close to the accident scene as possible. If your vehicle is still working, you may however, pull it to the side of the road to avoid further accidents with other vehicles. DO NOT LEAVE THE SCENE OF THE ACCIDENT! Even if the accident was not your fault, this could lead to you being charged with ‘Leaving the scene of an Accident’.
• Turn on your emergency hazard lights.
• Check yourself and your passengers for any injuries.
• Call 911 with your location and any other information they request. If your accident occurred in a parking lot, police may not respond unless there have been personal injuries.
• If you have a camera or a cell phone with a camera take pictures of the accident from many different angles especially the direction of travel. Take photos of any damage to the vehicle and any injuries that may have occurred from the car accident. Photos may be used by a lawyer should you choose to make a claim against the other driver or drivers involved in the car accident or against the insurance company. Getting photos of any debris, traffic signals, stop signs or skid marks is also advisable. If possible, examine the other vehicle and look for signs of drugs or alcohol. If you do not have a camera, a sketch of the scene would be the next best thing.
• Try to get the name and contact information of anyone who witnessed the car accident. If possible, try to get statements from them about where they were in relation to the accident and what they saw.
• Do not admit fault to anyone, even the officer. However, be honest with the facts when requested by the police officer to give a statement. Do not sign anything unless requested by the police officer. If you are charged and given a ticket you may be asked by the police officer to sign it. This does not mean that you are admitting fault for the accident, just that you are receiving a ticket.
• Contact your insurance company as soon as possible.
• If you have suffered injuries or have caused injury to another person, contact an experienced car accident lawyer as soon as possible.

Do I Need a Car Accident Lawyer / Attorney?

If you are a car accident victim, you need a lawyer or attorney to tell you your rights. Motor vehicle legislation is very complex and the interpretation of that legislation by the courts is in constant flux. Experienced motor vehicle lawyers keep abreast of the current laws and cases and know how to apply those laws in courts of law to bring the most benefit to you.

You need a lawyer or attorney if you have suffered injury in a car accident because experienced motor vehicle lawyers / attorneys have skills to negotiate with or fight the insurance companies to ensure that you receive fair compensation for your injury. It would be very unwise for you to rely on your insurance company to advise you of your rights. The goal of the insurance company is to pay out as few claims as possible and as few dollars as possible. The goal of your lawyer or attorney is to ensure that you are fairly compensated by the insurance company for your injuries and damages. Check out our Blog The Insurance Adjuster is NOT your Friend and feel free to post your comments.

Do you know whether you meet the legal tests for compensation for your injuries arising from a motor vehicle accident? You need a lawyer / attorney to provide you with the answers and to make sure that you receive all the Accident Benefits to which you are entitled.

It is often difficult to know if you need a lawyer / attorney. However, if you have been involved in a car accident and suffered any injury, you need a lawyer or attorney to provide you with advice. Injury Alliance will help you find the lawyer or attorney you need FREE. Contact Injury Alliance to be directed to an experienced motor vehicle lawyer near you. We can find you a car accident lawyer anywhere in Ontario and North America. Your initial consultation with this lawyer or attorney will be free of charge.

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