Frequently Asked Questions and Answers

Oct 31, 2019 | Accident Benefits Lawyer, Initial Consultation

Moussa Sabzeghabaei

Personal Injury Lawyer

Frequently Asked Questions and Answers about Accident Benefits Claim

How often should you talk to your insurance company?

You need to notify your own auto insurer (accident benefits insurer) when you claim for accident benefits. You must also provide sufficient information to the insurer that supports your claim. In case of an accident, your insurance company will always arrange for an adjuster to interview you about the accident. When the insurance adjuster comes to meet you or contact, you should beware of the following:

  • Everything you mention to the insurance adjuster will go on record. The details you give out may be considered as part of your claim as they will go in your file.
  • You should meet the insurance adjuster, if necessary, but only when you are in a good state of mind and capable of comprehending the issues.
  • You can talk to your lawyer about the accident before you meet the insurance advisor. You must know all your rights before engaging in any conversations.
  • You should meet with your advisor in the presence of a lawyer.

How can I complete all the forms?

Several standard auto insurance forms must be filled out when claiming for accident benefits. Before your insurance company approves the benefits, you must fill the forms with all the required details. In your initial meeting, a qualified lawyer can help you to fill all the forms and improve your chances of having the benefits approved by your insurer.

What happens if the injured is not in a position to make personal decisions?

The family of the applicant is responsible for making decisions on treatment and benefits if the injured person is bedridden and cannot make decisions. A Court will need to appoint someone to act as a guardian on a victim’s behalf.

Do I have a claim if I am at fault for a car accident?

Yes. Accident benefits are paid regardless of a party’s fault. Your insurer will need supporting medical evidence to appreciate the nature of your injuries and your needs for treatment.

What should I do if I am involved in a car accident and cannot take care of my children, work, or go to school?

Some accident benefits may take care of the lost income, pay for childcare, or recover school expenses. You can talk to your lawyer to find out if the insurance company can meet such costs.

What happens if the accident occurs while I am at work?

You should consult your personal injury lawyer for guidance on whether you can pursue the claim through the Workplace Safety Insurance Board or through auto insurance.

What happens if I was a passenger in a vehicle that had no insurance coverage or a pedestrian struck by a vehicle that had no coverage? a car without an insurance cover?

You may be entitled to claim coverage through your own policy for uninsured/underinsured/unidentified coverage. You may also apply for coverage through the policy of a family member if you were residing with them. As a last resort, you may apply for coverage through the government’s Motor Vehicle Accident Claims Fund. You should speak to an accident lawyer to discuss your legal options.