Anyone who’s been in a motor vehicle accident knows it can be a frightening and traumatic experience, even if you’re fortunate enough to walk away injury-free. Whether it’s a minor fender-bender or a more serious collision, there are steps you can take to ensure everyone is safe and that you’re following proper legal procedures.
Our firm frequently represents people who have been injured in motor vehicle accidents. For motor vehicle accident lawyers in Oakville, we know it can be challenging to remain calm and think rationally in the aftermath of a collision, but doing so will help you in several ways. Following these steps will help keep you safe and ensure your legal rights are protected:
Step one: Contact the police
If you or someone else has been injured, call 911, request an ambulance and follow their instructions. For a non-emergency, contact the local police and ask for guidance on what to do next. Police may request that you stay at the scene, but they might also direct you to a self-reporting collision centre.
In accidents involving only minor damage to one or both vehicles, drivers may be tempted to settle it among themselves, but, in Ontario, you are obligated to report to police all accidents that involve more than $2,000 in repairs. Roadside settlements are prohibited under your insurance policy, meaning that offering or accepting payment for damages could void a claim for repairs should you discover that the damage was more extensive than you thought.
Step two: Exchange information with the other driver
If it’s safe to do so, move your vehicle away from the flow of traffic to a place of safety, either the shoulder of the road or a nearby parking lot. If that’s not possible, turn on your four-way flashers to alert oncoming traffic.
Prior to moving the vehicle, pull out your phone and take some photos of the position of the vehicles, as well as any obvious damage.
Provide your contact information, driver’s licence and insurance to the other driver and collect theirs. Don’t apologize to the other driver, even if you think you’re at fault.
Again, it’s important to stay calm. People sometimes lose their temper following an accident, especially if they think the other driver is at fault. Keep in mind that anything you say at the scene could affect your credibility down the road. If you can’t keep your composure, stay in your car until the police arrive.
If witnesses have stopped to help, ask for their contact information. Their account of what happened may be helpful if it’s necessary to take legal action.
Step three: Document the scene through photos and notes
Properly documenting the circumstances surrounding the accident can set you up for success down the road. Clients frequently tell us that their memory of the details of the accident fades over time. For that reason, we suggest making thorough notes on the following:
- What you were doing before the moment of impact (the lane you were in, the direction you were travelling, speed, etc.).
- What were the traffic conditions?
- What were the weather conditions? Road surface conditions?
- What happened to cause the impact?
- What happened after the impact?
- Did the driver say anything to you after the collision?
- Document how you are feeling and any concerns you may have.
Step four: Report the accident to your insurance company
Contact your insurance company and provide as many details about the accident as possible. If damage to your vehicle makes it impossible to drive, the insurance company will cover the cost of towing to an approved repair facility.
Inform the insurer of any injuries you sustained and that you intend to start a claim for accident benefits. Accident benefits will cover the cost of your rehabilitation, including physiotherapy, massage therapy and chiropractic treatments, among others.
Step five: Seek medical attention
If your injuries are severe, you may leave the scene in an ambulance. If not, it’s still important to have any potential injuries assessed by a medical professional. Make an appointment with your family doctor or go to a walk-in clinic the day of the accident or on the following day.
In an accident, your body releases a rush of adrenaline as a way of protecting you from the trauma. That means you may not feel the pain of an injury until after the endorphins wear off and your body is in a more relaxed state. It’s important to have a proper medical assessment to document any injuries that resulted from the accident.
Step six: Consult an accident injury lawyer in Oakville
People who sustain serious injuries can sue an at-fault driver for pain and suffering, loss of income and other expenses not covered by their auto insurer, such as medical rehabilitation and home care expenses.
But even when your injuries appear to be minor, it’s important to speak to a personal injury lawyer in Oakville. As stated above, injuries often take time to show their full effect.
Even if you think you were at fault, it can be helpful to consult a lawyer, as people often make incorrect assumptions about traffic laws.
Contact Edwards Pollard LLP for Motor Vehicle Accident Claims. If you or someone you love has been injured in a motor vehicle accident, give us a call to set up a free consultation. We’ll help you understand your legal rights and options and set you on the path to recovery.