With more than 26 million registered automobiles on Canada's roadways, accidents are inevitable.
According to Transport Canada, almost 2,000 people died and more than 118,000 injured in collisions in 2022. A motor vehicle accident (MVA) can happen to anyone, at any time, no matter how many precautions they take.
Being the victim of an automobile collision can have a lasting impact on your life. That is why avoiding the common mistakes people make following an accident is important.
The costs you can incur following an MVA can be immense, so you owe it to yourself to seek advice from Ontario Personal Injury Lawyers who can advocate on your behalf and help you recover the damages you need to meet the challenges of the future.
At Gluckstein Lawyers, we have been committed to putting our clients' well-being first since 1962 and will work to get your life back on track following an MVA.
Motor Vehicles Accidents Can Be Distressing.
The trauma caused by an automobile accident cannot be understated. Even minor collisions can result in victims being fearful of getting back into a car.
However, a serious MVA can have a lasting effect both physically and psychologically. In fact, the National Library of Medicine in the United States reports people "who experience a serious motor vehicle accident (MVA) are at increased risk for psychological problems, particularly Post-traumatic stress disorder (PTSD)."
Symptoms of PTSD following a serious accident may include "psychologically re-experiencing the trauma, persistent avoidance of thoughts or situations associated with the accident, numbing of emotional responsiveness and increased physical arousal (for example exaggerated startle, irritability, disturbed sleep).
While symptoms of PTSD may go away within weeks or months, they could last years if not properly treated, doctors say.
The trauma of being in an accident is, of course, exacerbated if the victims of have also suffered a physical injury. In these circumstances, your thoughts might be unfocused. You may be stressed and unsure what to do next.
Taking the right steps after your accident claim will help you put your life back on the right track. Avoiding common mistakes can help safeguard your best interests and avoid unnecessary heartache.
1. Failing to Seek Medical Advice/Downplaying Injuries
Your first priority after an MVA should be the health and safety of yourself and those involved. Sometimes there is potential for greater danger after an accident so it is important to exit the vehicle when it is safe, careful to avoid hazards such as broken glass or oncoming traffic.
Adrenaline can take over following an MVA and it can be easy to ignore the pain you may be feeling, especially if you aren't suffering with an injury that immediately apparent such as a broken bone or a severe laceration. You may even believe there is no need to seek medical attention at all.
However, it is important to note that not all injuries manifest symptoms immediately. While you may be feeling well enough to get on with your day, certain conditions, such as soft-tissue injuries, may not be felt for days or even weeks. You may not even be aware of serious injuries, such as internal bleeding.
Prompt medical care is essential to identify and treat your injuries. A doctor will be able to diagnose your medical condition and document important medication that could be crucial to proving your personal injury claim.
Be open and honest with your doctor. At the same time, avoid exaggerating your injuries. It could affect the credibility of your claim.
2. Admitting Liability
As Canadians, we have a reputation as being polite - sometimes to a fault. It is our nature to apologize for everyday mishaps even if we are not to blame. But saying sorry to the other driver after an MVA, even if it is clear they were to blame, can be seen as an admission of fault.
You may not have a full understanding of the circumstances that led to the collision so avoid any discussion of blame. Limit your conversation with the other parties in the accident to sharing the necessary documentation such as insurance and license information. Blame and liability should be left to legal professionals and insurance companies based on the evidence.
3. Failing to Report the Accident
Ontario laws for reporting traffic accidents can be confusing. Minor fender benders in this province must be reported to a Collision Reporting Centre within 24 hours. Failure to do so could result in fines of up to $2,000, suspension of your driver's license or even jail time depending on the circumstances.
Failing to report an accident can also impact your ability to make an insurance claim. To qualify for statutory accident benefits, you are required to report your accident to your insurance company within seven days.
If you are involved in a collision where someone is killed or injured or if the damage exceeds $2,000 you are legally required to contact police. Police assess the scene, speak to those involved, interview any independent witnesses and file a report that will be used to determine fault. Remember to answer police questions honestly. If you are not sure of an answer, don't guess.
Besides failing to file a report, one of the worst things you can do after an accident is to flee the scene. The penalties are severe, starting with fines of up to $2,000 a possible jail time in Ontario. You could also charged under the Criminal Code and face up to 14 years in prison if someone was injured as a result of your actions. If you flee the scene of an accident where someone has died, you could face life imprisonment in prison.
4. Failing to Collect Evidence
Traffic accidents can leave people disorientated and stressed. If you are injured in an MVA your first thought should be taking care of your health. However, once the initial shock has subsided, and if you are physically able, you should begin to gather evidence.
Start by exchanging contact and insurance information with all those involved. You should also record the contact information for any witnesses. Take photos or video of any injuries and the accident site, getting different angles of the vehicles involved.
Note any traffic lights, signage or poor lighting that may have contributed to the collision. Take photos or video of the roads, highlighting surface conditions and weather. If you have dash cam footage, be sure to save it.
If you are not able, see if there is anyone who you may be able to ask for help collecting this evidence.
5. Not Calling a Personal Injury Lawyer
If you or a loved one has been hurt in a traffic accident, seeking compensation to pay for such things as medical treatment and physiotherapy is a priority, which is why it is in your best interests to contact an lawyer who has experience in Ontario Car Accident claims and dealing with insurance companies.
Many people prefer to file a claim and settle for whatever the insurer is willing to pay. But insurance companies' priority is their own bottom line - not making sure you get all the care and assistance you need following an accident. The offer you receive may seem fair, but will it take care of all your future needs?
The laws regarding compensation for an automobile accident are complicated but the team at Gluckstein Lawyers has been helping victims of motor vehicle accidents for almost 60 years. We have the expertise to handle the most challenging and complex cases. Our testimonials are proof that we have the expertise to handle any type of MVA case.
Protect Yourself.
What happens in the days and weeks after a traffic accident can have a lasting impact on your life, so give extra thought before taking any action. In addition to the above mistakes, avoid the following:
Giving the insurance company too much information: You should be truthful when discussing details of your accident but anything you disclose beyond the basic information could harm your claim. That is why it is important to speak to an Ontario Personal Injury Lawyer.
Settling too quickly: It is natural to want to put an accident behind you as soon as possible. But once you sign a compensation agreement, it can be difficult if not impossible to renegotiate if it turns out you are more seriously injured than you first believed. Before you sign anything, seek legal advice.
Discussing your case on the internet: Social media platforms such as Facebook, X and Instagram are popular forums for sharing the details of our lives. However, insurance companies scour the internet for evidence to use against you to deny your claim. Even details of your accident that you believe are innocuous can be harmful to your case.
Advice You Can Trust.
You don't have to face the fallout of a personal injury accident alone. Our team of Ontario personal injury lawyers will stand by you, offering the compassion and the expertise you and your family needs when faced with life-altering injuries.