According to the data released by the government of Canada, 8,917 people were injured, and 1591 people died in car accidents in Canada in 2019. Car accidents can prove fatal, and an accident’s aftermath can be extremely devastating for the injured and other family members.
Canada’s legal system runs on a Tort claim basis, which means that the injured have the right to seek compensation for the negligent or wrong behavior of the other responsible party that caused the accident. Tort claims are civil cases which can be complicated to understand. It is advised to hire an attorney for the legal representation of your case.
Steps You Should Take After A Car Accident
Settling a case is a complicated process and requires legal representation. Numerous factors decide how much money you can recover from a car accident.
Here are some steps you should take right after an accident.
1. Consult a car accident attorney
Filing a police report, negotiating with the defendant’s insurance company, talking to the witnesses, obtaining medical records- all of this might seem easy. But believe us, it’s not and can be quite overwhelming. There are several deadlines that you might miss. The best way to receive higher compensation for your case is to consult a lawyer and hire them. Car accident attorneys are experts with the right knowledge and resources to help you build a win-win case.
2. Ask for medical assistance
Don’t leave your wounds unattended. Even if you look fine, there might be some internal injury that can harm you later. Call the doctors and seek medical help immediately after an accident.
3. Collect proof to build your case
Your lawyer will help you obtain the evidence that is the backbone of any case. The evidence will include-
- Photographs of the accident site.
- Photos of damaged vehicles
- Photos of the weather
- Witnesses info
- CCTV Surveillance footage
- Police report
4. Report the accident
It is critical to call 911 and report an accident to the police. The police authorities will examine the case first-hand and make key notes about useful information from the accident scene. This police report will also help you prove your claim against the defendant.
You must also report the accident to your auto insurance company within a specified period. The expert car accident advocates at MNH Injury Lawyers based in Edmonton, Alberta say that victims are generally unaware that they need to notify their insurer within a set time. Later, the insurers outright reject their claim saying that the reporting time has expired.
5. Keep off of social media
Your attorney will always recommend you keep a low profile on social media. Insurance companies are smart and can use any of your posts or comments to prove that you are fine and that your injuries are minimal.
6. Never agree to anything without speaking to an attorney
Without an attorney, do not speak to insurance companies or your defendant’s legal representative. Remember that insurance companies can later use any statement you give to them against you.
Who pays bills after a car accident?
Alberta follows a tort system, and the drivers in Alberta are compensated through their insurance company for the no-fault crash. Per law, the victim who suffered injuries must pay their medical bills. However, the insurance provider will pay the bills if the injured has insurance coverage.
The way insurers will pay these bills and the time frame is mentioned in your coverage policy. Meanwhile, if you feel that the accident was not your fault, you are entitled to file a claim against the at-fault party and ask them for compensation. Your attorney will use their excellent negotiation skills to try to settle the case outside court. However, if the negotiation fails, the case goes to court, where the jury decides the verdict.
If the court finds the opposite party guilty of the accident, it is the other party’s duty or insurance provider’s to pay for your losses.
What is Primary and Secondary Health Insurance Coverage?
Usually, there are 2 types of policy coverage
- Primary policy coverage is used first to pay for your immediate medical injuries. Usually, the primary policy is PIP coverage which means personal injury protection.
- Once the victim has consumed the limits of their primary insurance coverage, they can use the secondary policy limits to treat any other accident injuries or pay for other damages.
Why should you protect your settlement amount from your insurance providers?
Unfortunately, your insurance company can take a proportion of your personal injury settlement amount. Yes, your health insurance providers are protected through a contract included in your insurance policy. They have the right to ask for reimbursement from your settlement amount. This reimbursement is for the hospital and clinic bills and any other extensive medical care they have paid on the insured’s behalf after their accidents. These contracts can be difficult to understand for a layman. Hence, contacting a personal injury attorney is always advised before talking to your insurance provider.
What is the law in Alberta?
The Canadian Legal System can be difficult to understand after you have been involved in a car accident. Generally, a resolution can take up anywhere from 1 to 2 years. Legal settlements can be lengthy, and a car accident lawyer can help you obtain the settlement amount in the best possible time. It is observed that the average settlement amount for minor car accident injuries ranges somewhere from 50,000 – 60,000 CAD.
However, for major injuries that typically involve an accident with a large commercial vehicle, this amount can be huge and may go upto $1 million. Settlements are calculated by adding the economic damages(medical bills for injuries, car damage) and the non-economic damages(loss of future income, future medical bills).
If you are involved in a car accident anywhere in Alberta, consult expert personal injury lawyers at MNH Injury Lawyers. Lead Personal Injury Lawyer Michael Hoosein has an excellent record and years of experience handling such cases and has appeared at all levels of court.
Getting help from an attorney after a car accident
After a car accident, injury victims and their family members do not try to consult lawyers as they have an impression that they charge exorbitant fees. However, most Personal Injury Lawyers do not charge anything upfront. They charge on a contingency basis, which means they will charge a percentage from the settlement amount they obtain for you. You must contact a personal injury attorney right from the start of your case to get legal representation at every step.