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What Are the Common Mistakes People Make After Car Accidents in Ontario?
Car accidents change your life in a moment, but what happens in the minutes, hours, and days afterward greatly impacts your legal, financial, and physical health. Read more about the most common mistakes following a car accident in our guide, written by accident experts who have seen it all.
Mistake #1: Leaving the scene of an accident too early.
Prematurely eaving the accident scene can cause all sorts of legal or medical issues for you down the road. If you hit and run, you could face severe charges under the Criminal Code of Canada, including:
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Fines ranging from $400 to $2,000
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Jail time of up to six months
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Six demerit points on your license
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License suspensions of up to 2 years
And even if you’re not criminally liable, leaving the scene makes it much harder to fight a civil case. If you’re at fault, the other driver or party can sue you for driving recklessly and causing injury. If you’re not at fault, proving and winning your case against the other driver becomes much more challenging.
Wondering what to do in a car accident? You need a police report and official statements to clearly describe events on both sides. If the other driver records only one version, it’s the one most likely to be accepted.
Mistake #2: Not seeking medical attention.
What to do after a minor car accident in Ontario?
You might feel completely okay in the initial aftermath of an accident, but shock causes you to release adrenaline that acts as a natural painkiller that masks injuries. Some injuries, like whiplash or concussions, take several hours or days to manifest into symptoms. If you’re not feeling pain, you should still be checked by a certified health professional who can test for any hidden or underlying issues.
Do you have to report an accident if not claiming?
You don’t always know if you need to claim insurance at the accident scene, so you should always report one.
A medical evaluation creates a clear record of your health conditions directly after the accident for insurance claims and future legal action. Without that initial assessment, you won’t have a clear timeline of injuries and connect them to the accident as a sure cause.
Plus, the earlier you treat many post-accident injuries, the better your outcomes. Even if you end up with a clean bill of health, you have the peace of mind that you’re healthy and ready to move forward with repairs and emotional recovery.
Mistake #3: Admitting fault at the scene.
What happens if you are at fault in a car accident in Ontario?
Emotions tend to run very high post-accident but don’t let the shake-up push you to admit fault or take responsibility for what happened. You may be the cause, but it’s also possible that you’re not seeing things clearly because you can’t possibly understand every perspective and angle yet – only your own incomplete picture.
If you admit fault, you may be making an unintentionally false statement. Any of these statements could be used against you, even if they’re contested in eyewitness accounts and other evidence. Even saying, “I’m sorry,” could be used as an admission of guilt in court.
Accidents are rarely black-and-white; otherwise, we wouldn’t have courts of law and insurance adjusters.
When discussing anything with police, other parties, and witnesses, stick to the facts only and stay calm. Exchange information with the driver, but don’t delve into the details for both parties’ protection.
Mistake #4: Discussing what happened on socials.
How to deal with a car accident in Canada?
With so many of us deeply connected to our social media platform, it makes sense that you’d want to head there for support after a stressful and potentially traumatic car accident. You must fight those urges and keep any mention of the accident scrubbed from all social media accounts. Don’t draft a post about being grateful you’re okay – anything you write or film could be used against you later.
Even strict privacy settings can be (and have been!) overcome by insurance companies and opposing parties. An innocent post may be torn apart in court, misconstrued, point out inconsistencies, and used to weaken your case. If you’re suffering from injuries and post pictures smiling with friends, a legal team could build an argument that your injuries aren’t as severe as the claims made.
Stay safe and avoid discussing the details of your accident anywhere other than with your lawyer, injury experts, and medical professionals until legal claims are settled.
Mistake #5: Not calling the police.
Some people don’t think calling the police is necessary after a minor accident, but you need a police report to serve as an official record of what happened in case you need it later. It’s essential to call the police when reporting an accident in Ontario for a more seamless process later. The report will detail not only what happened through party and eyewitness accounts but also the weather conditions, injuries, and officer observations.
With this report, you can establish the facts with more power behind them for insurance claims, civil cases, and more. Without the report, it becomes tough to prove what happened – you never want to be in a place where it’s your word alone against someone else’s.
The report establishes fault because the police offer determines the likely cause after a full investigation. Some insurance companies won’t touch a claim without a police report, which could lead to claim denials and even policy cancellations.
Mistake #6: Not exchanging information with relevant parties.
Even with a police report, you should still exchange contact information with other drivers, involved parties, and witnesses to the car accident. Not having that information could delay your claims process because your insurance company needs to contact their provider. You’ll also need their information for dispute resolution between accident attorneys.
You’ll also want witness contact information so you can reach out later if you need more details on their initial statements or corroboration of your version of the events at the scene.
Sometimes, police reports contain inaccurate contact information, so creating your own copy can help avoid any issues tracking people down later.
Collect this information from relevant parties:
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Names and contact information, including last names, phone numbers, and email addresses of all drivers.
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Any involved drivers’ insurance company name, contact information, and policy number.
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License plate numbers of any vehicles involved.
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Full names, phone numbers, and brief accounts from all witnesses.
Mistake #8: Dealing directly with the other driver’s insurance company.
The other driver’s insurance company might try to contact you and offer a settlement. Though they’ll act friendly, don’t be mistaken – their job is to pay you out as little as possible, and they’re expert negotiators.
Don’t let them trick you by questioning your version of things, pressuring you to accept less than you deserve, or downplaying the severity of your injuries and losses.
Better yet, don’t talk to them at all. Speak with a lawyer for a car accident who can walk you through your rights and deal with all negotiations for you. They won’t fall for the confusing language adjusters use, and they have a better understanding of the hidden costs you’ll deal with down the road. They’ll gather the evidence needed to secure fair compensation and work as your advocates against lawyers for auto accidents and adjusters.
Mistake #9: Accepting the first settlement offer.
The aftermath of a severe auto accident can be stressful, and many insurance companies will offer a settlement quickly, hoping to minimize the compensation they pay out. They hope to appeal to your temptation to have money in your pocket now and close the case ASAP, but you may end up with a fraction of what you rightfully deserve.
It’s crucial to avoid taking the first settlement offer because you may not know the full extent of your healthcare costs and future medical needs yet. If you have long-term complications, it could be costly, so you must take time to fully assess the situation before saying “yes” to any cash settlements. Hidden costs could include lost wages or earning potential during delayed recovery, pain and suffering, long-term care, and more.
Work with a personal accident lawyer who can understand the full scope of damages, analyze complicated medical records, consult with medical experts, gather evidence, and negotiate a better settlement on your behalf.
Car Accident FAQs
How much does insurance go up after a minor accident in Ontario?
Ontario’s Fault Determination Rules impact your insurance increases. If you’re more than 25% at-fault in the collision, your company may increase your insurance premiums unless it’s your first minor at-fault accident within the last three years, there were no injuries, no insurer made any payments, and damages to each car were under $2,000 per vehicle.
How long does a car accident stay on your record in Ontario?
In Ontario, any at-fault accidents can only remain on your record for up to six years, and those records often affect your car insurance rates during this time. The more at-fault accidents on your record, the higher your premiums tend to rise because insurers see you as a higher risk.
What is the average car accident settlement in Ontario?
You can expect a payout anywhere from several thousands of dollars up to hundreds of thousands if you successfully negotiate or win your case in court. The payout directly relates to the severity and longevity of the injuries and financial losses you face from the accident.
How long do you have to report an accident in Ontario?
In Ontario, it’s mandatory to report any accidents resulting in over $2,000 in damages for any vehicles involved. Report immediately and certainly within 24 hours of the accident.
The Morris Law Group—Ontario Car Accident Lawyers Near Me
What you do in the hours and days following an accident greatly impacts what happens next. At The Morris Law Group, we have 60+ years of experience advocating for victims and helping them through some of the most difficult days of their lives. We don’t want you to settle for less than you deserve.
Our Hamilton car accident lawyers are ready to help you through your next best steps. We’re here as your advocates to help you navigate the complicated insurance and legal systems so you don’t have to. Request a free consultation, instant chat or call us at 905-526-8080 to learn more.
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