If you have been involved in an automobile accident and are unable to work due to an injury, or you have had to pay out of pocket for physiotherapy (which is generally not covered by OHIP), the time to file your claim is now. When it comes to car accident tort claims in Ontario, the statute of limitations is 2 years, even if the accident resulted in death and your are pursuing this case on behalf of a lost loved one. Besides collecting No Fault accident benefits, there are things you can do on your own to ensure that you get paid if the other driver was at fault. Here are the steps you should take:
#1 – Report the accident to your own insurance company
Whenever you are involved in an accident that involves personal injury, you have just seven days to file a report. If you are incapacitated or are for some other reason unable to file within that timeframe, file as soon as humanly possible. Circumstance and the extent of your injury are arguable factors for not meeting the proscribed timeline, but hiring an injury or disability lawyer in Toronto can give you access to someone who will help you meet your deadlines.
#2 – Document as many details as possible.
You want to collect as comprehensive a list of details about the accident as you can, including:
i. The name of any other involved party’s insurance information.
ii. The make, model, registration, year, and license plate numbers of all involved vehicles.
iii. Specific details about the accident including date and time, all parties involved, and the visible extent of any injuries.
iv. You may need to rely on witnesses or witness testimony, though this is something that a law firm should be able to help you obtain.
#3 – Don’t take money or admit to fault on the scene
If you’re going to pursue a tort claim, Toronto legal firm Blackacre Law warns you not to admit fault, offer or accept any money at the scene of the accident, as these actions could jeopardize your claim. A tort claim involves proving that the other party was at fault, at how much they were at fault, in order to receive financial benefits from the other driver (or their insurance company).
Type of case
The first question you probably have is whether or not you have a case; a legal firm will sit down and assess your case before moving forward, but below are the types of cases firm Blackacre Law typically works with:
- Rear-end and T-bone collisions
- Accidents that occurred involving a commercial vehicle
- Motorcycle and truck accidents
Finding the right Lawyer
In your search for the best disability lawyer in Toronto, look for one who will offer you a free consultation without pressuring you to hire immediately. The best ones will also offer to meet with you at home or in hospital if your ability to go to them is limited. There’s plenty of further information on what makes a good disability lawyer in Toronto at http://injurydisabilitylawyer.ca, also a good resource for understanding whether or not you have a claim.
It is never a good idea to accept an insurance company’s offer without at least consulting with an attorney. This is why you should always select a firm that will, at a minimum, offer you a free initial consultation. If the settlement offered by the insurance company is reasonable, a good lawyer will tell you. On the far more likely chance it isn’t, he or she should be prepared to make a reasonable counter-offer and even go to court to fight for the benefits you deserve if the need should arise. Find the right team to stand behind you when you need them most.