People can be injured without car damage.
1. Any car accident is a traumatic event. The first thing to do is make sure that you and everyone in your vehicle is okay and that there is no danger of fire or explosion that would make it necessary to immediately exit the vehicle. If someone is unconscious or disoriented try to keep them awake until medical help arrives. If there is no apparent danger of fire or explosion injured people should remain in the vehicle. If a person has difficulty moving it may cause further injury to move them without adequate precaution. This is particularly true for neck injury. Call 911 from a cell phone unless help is already there (or you are certain it is on the way) and report any suspected injuries and other needs.
2. Identify the other vehicles immediately by making a note of the license plates. This is important in case someone leaves the scene before police arrive. You should always have a pen and paper in your vehicle to write down information. If you have a camera of any type use it to take photos of the cars, people involved and the accident scene. Exchange information with the other drivers including vehicle ownership and insurance policy numbers. Get contact information for witnesses on the scene. Do enquire into the well being of others involved and show your sympathy for the other people involved even if you are angry or believe them to be at fault. Avoid expressing hostility towards persons you believe to be at fault. If you are at fault you can say you are sorry it happened but do not explicitly admit fault for the accident. Your insurance company will deal with that issue if claims are made against you. Do not argue with police if you are charged or if they fail to charge someone else you believe should be charged. If you are charged consider your options during the time limit provided on the ticket. A guilty plea is considered an admission that can be used against you in a civil case and a conviction will affect your insurance rates and driver’s license.
3. If injured seek medical attention as soon as you know you have any injury. Injuries felt as minor on the scene can get much worse over the next 24-48 hours. Many people do not notice any injury until hours or even a day after the accident. Go to a Hospital Emergency ward, a walk in clinic or your family doctor as soon as you can. Do not wait more than a day to see your family doctor. If you can not be seen soon by your own doctor go to a walk-in clinic or hospital emergency department and then see your own doctor as soon as you can. When you first seek medical attention be sure to mention the accident and what happened to you in it. You will likely be asked about seat belt use with your answer recorded. If you were not wearing a seat belt your damages entitlement is likely to be reduced. Be ready for questions about seat belt use, vehicle speed, airbags and any alcohol or drug consumption.
4. Report the accident to your own insurance company as soon as possible after getting necessary medical attention and if you have a broker call them first and they will assist you in reporting and dealing with the claim. Look to your own insurance company to deal with damage to your vehicle and to provide “No Fault Accident Benefits”. Ask for a set of no fault benefit claim forms for every person in your vehicle who was injured including children who appear to have minor injuries. If a person in the vehicle has their own auto insurance personally or in their immediate family they apply to their own insurer for no fault benefits. If it is not your vehicle involved in the accident contact your own personal insurance company about the benefits. DO NOT CONTACT THE AT FAULT DRIVER’S INSURANCE COMPANY OR MAKE ANY STATEMENT TO THEM IF THEY CONTACT YOU. Obviously if you believe you are at fault you should contact your own insurer and let them know truthfully what happened in detail. You have a duty to fully co-operate with your own insurance company.
5. If there is serious injury known to you get legal advice soon after the day of the accident. If you are going to make a claim for injury compensation a lawyer will not require money in advance to make a claim for you. Most lawyers work on contingency fee basis where they charge a percentage of what they get for you. You need not worry about whether you can afford a lawyer. You should not have to pay for a first legal consultation to get advice. There are time limits for making claims so do not delay thinking you will get better. Be aware of the time limits and make sure a lawyer will preserve your rights by filing a claim if appropriate. If a claim is made against the at fault driver interest runs on the claim from the date of notice.
6. No fault benefits pay for loss of income a tax free benefit up to $400 per week. That limit and other limits of benefits could be higher if you have optional coverage. If you are losing significantly more than your benefit entitlement see a lawyer to get compensation from the at fault driver’s insurer. No fault benefits also pay any “reasonable” medical expenses not paid for by Government health insurance or any extended health coverage that you have. The system is complicated so do not be afraid to ask for legal advice. Get a brochure from your insurer explaining what no fault benefits cover along with the accident benefit claim forms. In cases of very severe injury a person may qualify for greater and longer term no fault benefits if they are found to have “catastrophic injury”. If that is suspected get legal advice on that rather than just accept what your insurer offers regardless of fault for the accident.
7. If a family member is killed in the accident no fault benefits pays for funeral expenses plus a death benefit, and there may be other claims available so it is a good idea to get legal advice early.
8. If the at fault driver has no insurance you can make claims against your own insurer based on the fault of the uninsured driver. This is also true where the at fault driver is unknown (leaves the scene) or does not have sufficient insurance coverage. Your policy includes this coverage. You should consult a lawyer about this.
9. If you are a pedestrian or bicyclist you are entitled to no fault benefits from your own auto insurer or if you do not have one (or one for your household) the insurer of the vehicle that hit you. See a lawyer regarding injuries in these situations.
10. If you are from outside Ontario and you are injured in an Ontario accident or you are from Ontario and injured in another province or outside the country contact Miskin Law Offices who often deal with these complex cases.
11. If you are a passenger in a vehicle (even your own) and a friend or family member is driving and at fault you do have a right to claim from the insurance company for damages for personal injury under the liability coverage.
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A cyclist ran a red light while I drove through an intersection with the right-of-way green light. As my car was in the intersection, the cyclist braked suddenly and was thrown forward off his bike and became a human missile. He landed on the driver’s side rear quarter panel and made a huge dent with his shoulder in it. I got out of my car and determined cyclist was injured (rubbing shoulder) and told him to remain as we are required to and that I was calling 911. Upon asking him for his name, address and phone number, he fled the scene. Two witnesses, who were in a car immediately behind me, signed a statement as to the specifics – i.e. cyclist ran red light, I had right-of-way. I went to police station and filed an accident report. The police officer phoned and questioned one of the witnesses (driver of vehicle behind me) who confirmed my statements regarding accident (as above, etc.) I and the witnesses could not adequately describe the cyclist for the police to investigate, report sent to accident records. My auto insurance company informed me that I have to pay the $500 deductible regardless of “at fault” determination and that there’s a “reverse onus” presumption of fault in incidents between pedestrians and cyclists. I objected to paying the deductible and the “reverse onus” of motorist (me) at fault particularly as I was clearly not at fault. I have researched this extensively and haven’t found any information specific to the above. Is the insurance company correct? Do I have to pay the $500 deductible and am I “at fault” even though I am clearly not? If I have to, I would litigate this on principle, that I shouldn’t have to pay the deductible and, if I am determined to be “at fault” by the adjuster, that that determination is incorrect. I would also sue for costs – full costs.
Great info, thanks for useful article. I’m waiting for more
So my boyfriend was in a minor fender bender on July 12th/10. He avoided a driver on the side of the road who stupidly opened her door wide open into the road way and my boyfriend swerved to miss it and when he looked up after that he had to slam on the brakes and pull towards the shoulder of the road to avoid the van in front of him. Unfortunately he couldn’t get slowed down enough and hit the van. They both pulled over and the man in the van was clearly in a hurry and wanted to get out of there really fast. He took my boyfriend’s information and left before my boyfriend did. While the man was taking my boyfriend’s information, he looked under the man’s van and didn’t see any major damage(he works on vehicles on the side) so when the man called and told my boyfriend that there was $2500 worth of damage he was like I don’t freakin think so. There wasn’t much damage at all on my boyfriend’s truck. He just had to pull the bumper back a bit. My boyfriend is willing to pay for damages but now this man is saying that the frame is bent and the exhaust is falling off. He left in such a hurry he didn’t really give my boyfriend any of his information just took my boyfriends(which I gave him crap for) So what can we do now? We can’t afford the $2500 the man is asking for and he is refusing to take it somewhere else for another appraisal. Thanks for any help you can provide me!
This sounds like a scam. You should tell him to bring the claim directly through his insurance company and they will deal with the claim if he actually does. The insurance companies would deal with it.