So, you’ve been in a car accident – what to do? Obviously, getting your injuries treated is your first priority. Your second task should be to hire a good personal injury lawyer.
This may seem unnecessary in a province like Ontario, which has no-fault insurance. Surely you can just apply for benefits mandated by law, or so you think. Well yes – and no. You have to begin the claims process almost immediately. In fact, you have to tell your insurance company within seven days of the accident that you’re making a claim. Once you’ve received the application for benefits forms, you have just thirty days to fill them out and get them back to your insurer.
A personal injury lawyer can help you meet those deadlines and ensure that you are applying for all the benefits to which you’re entitled. After all, it’s his business to know what to do after a car accident.
But the first move is yours – and you should make it as quickly as possible.
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After the Accident
– Take Action
For most people, car accidents are rare events and what to do in the
aftermath of one can be a difficult issue.
If the accident is in any way serious, the first obvious priority is to
seek medical attention. The other pressing need is to start the claims process.
You have seven days to notify your insurance company that you are filing a
claim under Ontario’s no-fault insurance regulations. Once you’ve received the
application for benefits forms, you have thirty days to fill them out and get
them back to your insurer.
These are the first of a series of limitation periods that you must
adhere to if you are to make a successful claim for benefits.
How a Personal
Injury Lawyer Can Help You
A personal injury lawyer is key to this process and should be brought in
as soon as possible. Set up an initial consultation. This should be free. The
lawyer can assess what benefits you’re eligible for under the Insurance Act –
there are many, including income replacement benefits, medical assistance and
Attendant Care benefits.
A lawyer can also advise you if you have taken a further action against
the other party. If there has been negligence on the part of the other driver,
you may have a viable claim for damages under tort law.
Paying Your Lawyer
If the lawyer agrees to take your case, he should offer his services on
a contingency basis. This simply means that he will take his fee as an
agreed-upon percentage of the final settlement. You quite likely have incurred
some financial distress as a result of the accident or your injuries – there is
no need to compound that by having to pay legal costs as the case progresses.
Figuring out what to do after a car accident can be confusing. The best
course of action is to hire a personal injury lawyer as quickly as possible.