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What to do when involved in a car accident in Ontario

Oct 21, 2020 | Car Accidents

Moussa Sabzehghabaei

Personal Injury Lawyer

In this section, we’ll provide some guidance on what to do when involved in a car accident as a passenger. We’ll look at the actions to how injured passengers involved in a car accident can claim for compensation and provide an outline of the actions to take immediately following the incident.

Have you been involved in a car accident in Ontario as a passenger and sustained injuries? You have a right to file for compensation for any injuries and damages incurred if someone else was at fault. Passengers usually have no fault and should be adequately covered for injuries sustained during an accident according to Ontario Law.

What should I do immediately after the car crash?

Your first instincts are probably to focus on your health and wellbeing and ensure that everyone else is safe, that is, other passengers, the driver, and any other occupants in the car. It is advisable to speak to a personal injury lawyer as soon as you reasonably can. Consulting a lawyer early ensures that you get critical help in navigating the complexities of car accident cases. You will also access the legal resources you need to ensure you get fully compensated for injuries and damages.

We also recommend taking the following actions after the car accident:

  • Write down the details of the accident
  • Ensure that any police at the scene record that you were among the passengers involved in the accident
  • Get contact information of the police officers investigating the accident
  • Ask for the names and contact information of any other witnesses
  • Take photos of the accident scene
  • Visit the hospital for a check-up even if you’re not seriously injured

Can I claim for compensation as an injured passenger in a car accident?

In Ontario law, passengers also have a right to file a claim if injured in a car accident. In typical circumstances, passengers are never at fault, and insurers of all vehicles involved should be made liable especially if there are severe injuries sustained. The insured can file a ‘no fault’ claim which allows him/her to receive benefits regardless of who may have caused the accident.

Can I sue the driver as the injured passenger in a car accident?

You can file a lawsuit against the driver for any injuries you sustained as a passenger in the car accident. However, it’s likely that the driver’s insurance company will be the one to defend the claim and pay for any compensation that is determined whether through litigation or mediation. This means that, even if someone close to you such as a spouse, family member, or friend is liable for the accident, you shouldn’t be reluctant to sue them since it’s their insurance company that will end up paying for the claim including all legal fees that may arise.

Does car insurance cover passengers?

Ontario law dictates that all car insurance policies should cover passengers. However, in cases where the passenger is injured by another driver who is deemed at fault, the claim is likely to be against the other driver’s insurance. If no one is insured, the injured person can still be covered under the Motor Vehicle Claims Fund.