What to Do After a Car Accident in Ontario

Even when following the rules of the road, this does not completely eliminate the risk of getting into a car accident. Car accidents happen, regardless of seatbelts and safe driving. If you’ve been in a car accident, you’re at risk of serious injuries. Whether this is for you or a family member, here are the steps to take after you’ve been in a car accident in Ontario.

I Got Into a Car Accident, What Do I Do? – Step by Step Guide

Regain Your Composure and Stay Calm

Understandably, you may be anxious, panicked, and/or confused in the aftermath of an auto accident. Be aware of this and do what you can to remain calm. It’s important. Remember to stay at the scene of the accident until you have spoken with the police. Leaving can be a criminal offence in accordance with the Ontario Highway Traffic Act.

Check for Signs of Injuries on Those with You

Check for any visual injuries on yourself and other passengers involved. Make sure those that are in your vehicle with you are safe.

Do not tell the other driver that you are not hurt, even if you believe yourself to be. Soft-tissue injuries are not always noticeable. If you declare yourself not injured, it may enable the other driver’s insurance company to refuse a future car accident claim.

Exercise Caution with Yourself and Your Surroundings

Don’t be quick to leave your vehicle. Take an initial assessment of your surroundings. Exercise caution when exiting as you don’t know the full extent of your injuries yet. If you are badly hurt, you may wish to remain in your vehicle until the authorities arrive.

Check on the Other Driver and Exchange Information

Make sure the other driver is okay and check in on all drivers involved. Afterward, it is crucial to exchange vehicle details, and contact and insurance information. This includes getting the driver’s name and phone number, their vehicle’s make and model, the vehicle identification number, their driver’s licence, and the driver’s car insurance company and policy number.

It is also a good habit to take a photo of their driver’s licence number and proof of insurance as your insurance claim may require this information.

If the driver is hesitant to provide these details, such as if they’re not the registered owner or are hiding that they‘re an uninsured driver, contact the insurance company while still at the accident scene to confirm coverage.

Do Not Admit Liability Following a Car Accident

Limit your conversation with the other driver to a simple check-in on their health and an exchange of contact information.

Do not answer questions or give statements as their car insurance company may use it against you. Do not admit fault, even if you feel or know yourself to be partially or wholly to blame for the accident. Do not apologize to the other party as apologizing could be interpreted as an indication that you are taking the blame for the car accident. An at-fault driver may be quick to accuse you of being at-fault to minimize the risk of being interpreted as such. Fault determination rules with you and the other driver involved will play a fundamental role in determining compensation.

If Possible, Move Your Vehicle to a Safe Location

If you can, consider moving your vehicle out of traffic to avoid another car accident or collision.

If the accident occurs at night, turn on your car’s hazard lights to establish visibility to those around you. If you have flares or reflective triangles, this is also the time and place to use them.

After the police are notified, your vehicle should then be taken to a collision reporting centre. A towing company may be required to assist if your vehicle is disabled.

Call the Police After a Car Accident – It’s a Must

After you are calm and know that everyone involved in the accident is safe, call the police. The police should always be involved, even when it’s for minor accidents. Even if the other party is admitting fault and agreeing to repair your vehicle, it’s still essential to call the police.

This ensures no one is taken advantage of and gets medical assistance to the site as quickly as possible.

Answer Questions to Help File a Police Report

If it was a minor accident, the police will file an incident report which is a simple record of information exchange. For a more severe car accident in Ontario, however, the police will write an accident report. This report will be requested by your insurance company to help with your car accident claim and to establish legal liability.

When the police arrive, be transparent with them and provide the investigating officer with the information they ask for. Provide them with your driver’s licence number, licence plate number, insurance, and answer all questions they ask. Ask for their name and badge number as well.

As you build your car accident claim, eventually, you will obtain a copy of this police accident report form.

Be sure to only provide facts and avoid accusing the other party of negligent behavior or admitting fault. A car accident lawyer can make these allegations and provide evidence of them at a later date if/when required.

Gather Evidence from the Accident Scene

As much as you can, record details and information from the accident scene.

If you remember, use your phone immediately afterward to take photos of the accident scene, including the environment and road conditions. Note the cars involved, traffic lights, road signage, and other identifying markers. Capture the position of the vehicles if they have not already been moved or taken to a collision reporting centre.

Know that car accidents are inherently stressful. To recall details of the accident weeks later with an insurance company asking questions about it can be challenging.

This is why evidence gathering is so crucial when you come to file a car accident claim to seek compensation for your personal injuries.

Before arrangements can be made to have them transported to a collision reporting centre, take photos of your car and every other vehicle involved in the motor vehicle accident to ensure you have this evidence ready to share with a lawyer.

Gather Witness Information From Anyone Who Was at the Scene

If there were witnesses present at the scene, obtain their contact information.

Witnesses can provide key testimony and additional evidence during the personal injury claim process. Your car accident lawyer will contact these witnesses when building your case.

Record All Car Accident Details While You Can Still Remember Them

Write down everything you remember about the before, during, and after the car accident. Your insurer and the other party’s insurance company will be asking you questions relating to these details and you will want to review them long beforehand with your car accident lawyer.

Information to include are details like the street you were on, the direction you were traveling, and how the accident occurred.

Document Your Car Accident Injuries with Photos

Photograph any noticeable injuries and seek medical attention immediately. This creates a record of proof that documents your injuries.

The more documentation you have surrounding your injuries, the higher the chance you will be able to obtain compensation for them.

Even if you do not think you sustained any major injuries, seek medical attention from emergency services all the same. A car accident increases your adrenaline, in addition to leaving many people feeling numb and/or in shock. You may not realize you’re hurt.

When you receive medical care, you start with a comprehensive physical exam followed by treatment. This starts treating injuries right away rather than waiting for complications to set in. Any internal bleeding is caught. Medical records are created that outline the injuries. Take note of these and all future medical expenses to ensure those are reflected in your medical benefits. Just like with your police report, you will want to collect your medical reports as well.

Limit What Information You Give to Insurance Adjusters

Insurance adjusters for all drivers involved will ask for a lot. They may request a statement about what happened during the accident, employment records, and other documents to gauge how much compensation you deserve, and more. Don’t give them anything until you speak with a car accident lawyer.

An insurance claims adjuster is not on your side and information you provide them can be used against you at a later date when you come to file an accident claim.

That said, always contact your own insurer regardless of the severity of the accident and make an insurance claim. Inform them, ideally, within a day of the accident. Even if it means an increase in insurance rates and a note on your driving record, early reporting provides your insurer a better opportunity to defend an injury claim and lessens the likelihood of a suspended driver’s licence or canceled vehicle insurance policy.

Furthermore, do not accept any settlement offer from the other party’s car insurance company. They may be quick to offer something for personal injury collisions – which can seem like a great deal! However, your claim is probably worth more. Contact a car accident lawyer instead and allow them to negotiate compensation on your behalf with the insurance provider. Don’t be intimidated by insurance adjusters.

Speak to a Personal Injury Lawyer to File a Claim

Contact a personal injury lawyer at Grillo if you have been in a car accident in Ontario and have been injured. Do not wait.

A personal injury lawyer will sit down with you to discuss your legal options. They can assist in gathering evidence, building a strong case, and filing a successful auto accident claim. They will ensure you receive the compensation you are rightfully entitled to, even if you admit fault.

An experienced lawyer will assist with the rules of reporting motor vehicle collisions, negotiating with your insurance provider, interpreting auto insurance policies on your behalf, and will be there to help you through the claims process.

In determining how to file a claim, a personal injury lawyer will carefully examine the facts to determine the at-fault party, the extent of the damage to the vehicles involved, the injuries sustained by the victims, and the insurance coverage of all parties involved.

In a car accident claim, we at Grillo are in our element. Don’t be overwhelmed and unsure. Speak with an experienced motor vehicle accident lawyer to find out what your rights and options are under Ontario law. Reach out today.