Within 24 hours of a car accident, what should be considered?
Your health is first priority to attend to. But other considerations should not be neglected.
When involved in a car accident, including single-car accident, it is important to report to the police and to your insurance company. This should be done right away as a first order of business. In some cases, for example a case involving an alleged driver who failed to remain at the scene of the accident, failing to report immediately to the police may impact your right to sue for damages. If you can, it is a good practice to have written communication (such as an email or fax after speaking on the phone) to confirm your reporting.
When speaking with authorities or the insurer, be sure to be complete in describing your injuries if any. Report accurately and fully. If you feel a little bit of tingling from your lower back into one of your legs, you should report that and say that there is a little bit of that, rather than not reporting at all because you think that it is only a "little bit". This "little" evidence may become important to link serious back problems months down the line to the accident as the cause. This accurate reporting is important in all of the many times during the life of your claims when you have to repeatedly describe your problems to various doctors, therapists, insurer's doctors etc...
Taking photos of the accident scene, if possible, may help explain how the accident occurred, and to allow your legal representative to challenge any errors in a report done by the police. Everyone makes mistakes including the police.
It is never too early to consider hiring a lawyer to protect your interests - especially where your injuries are serious - as virtually all lawyers do not charge you any upfront fees. The sooner you hired a good lawyer, the more you will be protected - and for the same "price" or legal fees. You may try to find a lawyer who is certified by the governing body for lawyers in Ontario as a specialist in "civil litigation" (as opposed to criminal litigation), as they represent a good starting point in looking for a leading lawyer as verified by the Law Society. Lawyers are not allowed by law to describe themselves as "best lawyer" or compare themselves as better or more aggressive than other lawyers. But there are many who tried to get around this prohibition by having someone else lists or describes them as "best lawyers", and they would advertise saying they are listed as "best lawyers" or voted as number #1, or listed as Best 5 law firms, or Multi-Million Dollar lawyer etc.
As discussed elsewhere on this website, certification as a Specialist by the Law Society of Ontario is the highest professional classification, and it is granted only after both unparalleled expertise and professionalism including client-service records having been examined by the Law Society. If you have difficulty, see our other webpages regarding how to find the right lawyer.
Another one of the very early and important things to consider in serious or catastrophic cases - and this ties into having a good lawyer early - is the issue of whether or not the municipality or the Ministry of Transportation was negligent in their design or sanding and salting of the roadway where the accident occurred. A deadline to notify them of your potential claim is seven days after the accident. There are other considerations that should be considered in catastrophic cases such as preservation of the black-box frequently installed in modern vehicles before the car is crushed for scrap metal.
In catastrophic cases, the typical policy limit of one million dollar insurance coverage is likely not enough to compensate the victim. A municipality or a ministry of the government has ability to pay much more than one million. It is critical in those cases to explore the liability to pay by those potential defendants. A proper retainer, enabled by very early consultation with an experienced injury lawyer, facilitates this investigation.
Your health is first priority to attend to. But other considerations should not be neglected.
When involved in a car accident, including single-car accident, it is important to report to the police and to your insurance company. This should be done right away as a first order of business. In some cases, for example a case involving an alleged driver who failed to remain at the scene of the accident, failing to report immediately to the police may impact your right to sue for damages. If you can, it is a good practice to have written communication (such as an email or fax after speaking on the phone) to confirm your reporting.
When speaking with authorities or the insurer, be sure to be complete in describing your injuries if any. Report accurately and fully. If you feel a little bit of tingling from your lower back into one of your legs, you should report that and say that there is a little bit of that, rather than not reporting at all because you think that it is only a "little bit". This "little" evidence may become important to link serious back problems months down the line to the accident as the cause. This accurate reporting is important in all of the many times during the life of your claims when you have to repeatedly describe your problems to various doctors, therapists, insurer's doctors etc...
Taking photos of the accident scene, if possible, may help explain how the accident occurred, and to allow your legal representative to challenge any errors in a report done by the police. Everyone makes mistakes including the police.
It is never too early to consider hiring a lawyer to protect your interests - especially where your injuries are serious - as virtually all lawyers do not charge you any upfront fees. The sooner you hired a good lawyer, the more you will be protected - and for the same "price" or legal fees. You may try to find a lawyer who is certified by the governing body for lawyers in Ontario as a specialist in "civil litigation" (as opposed to criminal litigation), as they represent a good starting point in looking for a leading lawyer as verified by the Law Society. Lawyers are not allowed by law to describe themselves as "best lawyer" or compare themselves as better or more aggressive than other lawyers. But there are many who tried to get around this prohibition by having someone else lists or describes them as "best lawyers", and they would advertise saying they are listed as "best lawyers" or voted as number #1, or listed as Best 5 law firms, or Multi-Million Dollar lawyer etc.
As discussed elsewhere on this website, certification as a Specialist by the Law Society of Ontario is the highest professional classification, and it is granted only after both unparalleled expertise and professionalism including client-service records having been examined by the Law Society. If you have difficulty, see our other webpages regarding how to find the right lawyer.
Another one of the very early and important things to consider in serious or catastrophic cases - and this ties into having a good lawyer early - is the issue of whether or not the municipality or the Ministry of Transportation was negligent in their design or sanding and salting of the roadway where the accident occurred. A deadline to notify them of your potential claim is seven days after the accident. There are other considerations that should be considered in catastrophic cases such as preservation of the black-box frequently installed in modern vehicles before the car is crushed for scrap metal.
In catastrophic cases, the typical policy limit of one million dollar insurance coverage is likely not enough to compensate the victim. A municipality or a ministry of the government has ability to pay much more than one million. It is critical in those cases to explore the liability to pay by those potential defendants. A proper retainer, enabled by very early consultation with an experienced injury lawyer, facilitates this investigation.