What should I do immediately after a car accident?

Immediately after a car accident you should do the following:

·    Ensure everyone is safe and call 911 if necessary

·     Exchange driver and insurance information

·     Take photographs of the vehicles involved

·     Obtain witness information

·     Seek medical attention

·     Notify your insurance company

·     If hurt, contact a personal injury lawyer

You should obtain the other driver’s insurance details, driver’s licence information, and licence plate details.

In addition, it will be helpful to take photographs of your vehicle and the other driver’s vehicle, assuming these have not been moved after the accident. Such photographs may be helpful in supporting your claim that the other driver was at fault for the accident. For example, if the other driver entered your lane and caused the accident, a photograph depicting the vehicles in your lane will support a finding that the other driver was at fault for the collision.

Furthermore, you should obtain the contact information of other witnesses. In cases where liability (e.g., who is at fault for the accident) is disputed, having an impartial witness support your version of events will often lead to a finding that the other driver was at fault for the accident in the absence of other evidence to the contrary.

If police attend the scene of the accident, they will likely take a statement from you, the other driver, and witnesses. Provide the police with an honest and accurate statement as to how the accident occurred. Your statement to the police will likely be produced in a personal injury lawsuit, and defence counsel will cross-examine you and attempt to expose any inconsistencies in your statement to the police versus your testimony at examinations for discovery and trial. If there are inaccuracies or inconsistencies, defence counsel will attempt to use these to undermine your credibility in front of a jury.

Where you are unable to do any of the above because the other driver fled the scene of the accident, it is imperative that you report the accident to the police immediately.  As well, before moving your vehicle you should take photos of the vehicle and any damage to support your claim that you were struck by another driver. If the other driver has fled the scene of the accident or does not have insurance, you will still be able to commence a claim for accident benefits against your insurer and as well commence a lawsuit against your own insurer.

Hillier & Hillier has written extensively on the process of starting a lawsuit in the event you are struck by an uninsured driver, or have been involved in a hit-and-run accident, and you may locate additional information on this issue here.   

What if my injuries prevent me from obtaining the other driver’s information, witness information, or photographs?

In some cases, your injuries might prevent you from doing any of the above and you might not have a memory of the accident. Fortunately, there are other ways to obtain this information. A personal injury lawyer will be able to obtain a motor vehicle accident report from the relevant police department which often contains much of the above information. As well, a personal injury lawyer will be able to bring a motion to obtain the full police file, which contains additional detailed information such as witness statements, accident reconstruction reports (if applicable), and the outcome of any charges laid against the other driver.

Medical treatment after the accident?

In many cases, ambulance personnel will attend the scene of the accident. It is imperative that you allow EMS attendants to examine you after the accident and accurately advise EMS attendants of your injuries. EMS attendants will document your injuries which is helpful evidence in proving the injuries you allege to have sustained in the accident. Further, if EMS attendants recommend you attend hospital, you should accept their advice. Where individuals involved in an accident refuse to attend hospital against the advice of EMS attendants, defence counsel will often use this as an indication that their injuries are not serious.

You should also continue to consult with your family doctor and accurately report any ongoing physical and psychological symptoms that you are experiencing from the accident. Your family doctor will be able to refer you to appropriate specialists so that you can receive an accurate diagnosis and pursue the appropriate treatment. As well, your family doctor and any specialists you see will document your ongoing symptoms and their diagnosis and treatment recommendations. Such documentation is crucial to proving your injuries sustained in the accident.

Notify your insurer as soon as possible

You should notify your insurer as soon as possible of the accident and no later than seven days after the accident.  You must also submit an Application for Accident Benefits within 30 days of the accident. Failing to adhere to these deadlines may result in your insurer denying your claim for Accident Benefits.

Promptly seek an opinion from a Personal Injury Lawyer

It is imperative that you promptly meet with a personal injury lawyer after an accident in which you have sustained injuries. A personal injury lawyer will assist you in meeting important deadlines to advance a claim for Accident Benefits as well as placing the other driver’s insurer on notice of a potential claim. A personal injury lawyer will explain the process of commencing a claim for Accident Benefits, and as well the types of compensation you might be able to receive through a lawsuit against the other driver.

Further, promptly meeting with a personal injury lawyer will enable the lawyer to collect evidence while it is fresh and available. Delaying an initial meeting with a lawyer may prejudice your claim if certain evidence is no longer available or if certain procedural and medical steps have not been taken in a timely manner.

Meeting with a personal injury lawyer at Hillier & Hillier will help you understand and protect your legal rights. An initial consultation is free and does not commit you to commencing a lawsuit or retaining our firm.  

Ava Hillier and Eddie Wiley practise exclusively in personal injury law and have extensive experience representing accident victims. If you have been injured in a car accident, call Hillier & Hillier Personal Injury Lawyers at 905 453 8636 for a FREE CONSULTATION. Our main office is in Brampton, Ontario, and we serve clients all throughout Ontario.