If you or a family member has been tragically injured in a car accident, these important reminders may help protect your interests:
1. Notification of Your Claims.
Please notify your insurance company about the accident. Even if you are “at-fault” for an accident, you may still claim accident benefits through Ontario’s “no-fault” system. If you have no insurance of your own, you will still be able to claim benefits through another party that was involved in the accident or the Motor Vehicle Accident Claims fund. Another important step is to put the at-fault driver’s insurance company on notice of your claim. We’ll help with this process.
2. Apply for Accident Benefits.
An Application for Accident Benefits should be completed and sent to your insurance company as soon as you can. Don’t delay. Normally, the Application for Accident Benefits must be submitted within thirty (30) days of receipt. We’ll assist you in obtaining and completing these forms.
3. Apply for Disability Benefits.
You may have disability or other accident and illness insurance available (through your employer or a private plan) to compensate you in the event of disability or injury. We’ll help you make the necessary applications to ensure you receive all the compensation you are entitled to.
4. Keep Receipts and Records.
It is important to keep original receipts for expenses incurred by you and your family members related to the accident (hospital receipts, items lost or damaged in the accident, prescriptions, people paid to assist you, etc.). You should also secure other important documents such as pay stubs, T4 slips and policies of insurance. Your insurer will usually insist on receiving original receipts or invoices before it considers reimbursing you for any expenses. We’ll provide details and answer your questions.
5. Help Your Lawyer Make the Best Case Possible.
Maintain a record of physicians and health care providers you have met with and what was discussed at your appointments. Keep a list of medications you are required to take as a result of the accident. Keep a daily journal of your progress. If there are any witnesses to the accident, obtain their names and addresses and telephone numbers. Compile a list of family, friends and co-workers who can describe your level of functioning both before and after the accident. We’ll need this information in order to present your case in the most effective way possible.
6. Protect your Rights.
You are probably having enough challenges dealing with your injuries. You now have the added burden of dealing with the complicated Application for Accident Benefits and the complex laws regarding compensation. Please contact Futerman Partners LLP as soon as possible to help you through this difficult time.