Who is Going to Pay for My Car and Injuries After an Accident?
Being involved in a traffic accident can be traumatizing, even if you haven't been injured. Vehicles are expensive, and so are repairs. According to reports, the average price of a new vehicle in Canada surpassed $40,000 at the end of 2021. Your vehicle can be a significant investment, and insuring them can be costly, so when you get into an accident that is not your fault, one of your first thoughts might be, 'Who is going to pay for the damage they caused?"
It is not unheard of to suffer an injury, but you are so distracted by the condition of your vehicle that your immediate thought is not on your health. As you focus on what is going on with your valuable property, you may not even realize you can file an insurance claim for an injury suffered in a collision.
Your physical well-being is paramount after an accident, but we certainly understand why you would be anxious about your car. You shouldn't have to pick up the bill for someone else's carelessness, and you don't have to.
Our experienced team at Kantor LLP can take on your claim, winning you the compensation needed to put you on the path to recovery and get your car back on the road.
I HAVE BEEN INVOLVED IN AN ACCIDENT, NOW WHAT?
There are federal and provincial laws that govern what happens after a collision. Under the Criminal Code, you can be jailed for up to five years if you fail to stop at the scene of an accident. If someone dies and you flee the scene, you can face a lifetime in prison. According to the Edmonton Police Service, s. 69 of Alberta's Traffic Safety Act mandates that after a collision, you must:
- remain at, or immediately return to the scene;
- offer all reasonable assistance; and
- Produce in writing to anyone sustaining loss or injury, to any police officer and any witnesses the following information: your name and address; the name and address of the registered owner of the vehicle; the licence plate number of the vehicle; and proof of insurance.
Every collision must be reported to police if:
- There have been injuries; or
- if the damage exceeds $2,000 to both vehicles; or
- if you are the victim of a hit and run.
GATHER EVIDENCE AFTER A COLLISION
After an accident, you should get out of your vehicle when it is safe to do so and begin to collect evidence to build your case. Cellular phones give you the ability to take photos. Get the other car's licence plate number, the road conditions and the damage to all vehicles involved. You need to record the other driver's licence and insurance information. If they refuse, advise them it is required by law. If they are belligerent or appear to be impaired, call 911.
If the other driver flees the scene, do not follow them. Try to get a photo of the car and as much detail as you can about the vehicle's description, including the licence plate number, that you can pass on to the police.
YOUR INJURIES MAY NOT BE READILY APPARENT
According to research, being involved in a collision can leave you in a state of shock. You might feel anger, denial, fear, shame, guilt and confusion. Even if it is not a serious accident, it is not uncommon for upsetting feelings to last for days or weeks.
Unless you suffer an obvious injury such as a broken bone or a severe cut, your focus may not be on your physical health. Your first thought might be on your badly damaged car.
The rush of adrenaline that invariably accompanies a traumatic event such as a car accident may mask some pain. You can bump your head and not realize until later you have suffered a concussion. Soft tissue injuries may not be immediately apparent, but they can have a long-term effect on your health that requires medical, rehabilitation and attendant care.
DON'T DEAL WITH THE AFTERMATH OF A COLLISION ALONE
After a traffic accident that results in injury or severe damage to your car, there is much to think about. Alberta introduced Direct Compensation Property Damage coverage at the beginning of 2022 that changes how insurers pay out damages in collisions. After the accident, you need to contact your broker. You may also have to arrange for a tow truck and a rental car.
You should also seek medical attention if you feel any pain. Remember, soft tissue injuries can sneak up on you.
At Kantor LLP, we are here to cut through the red tape associated with an insurance claim. We have a thorough understanding of negligence claims and the resources to represent you each step of the way.
It is important to note that there can be a "statute of limitations" in legal proceedings, which means there is a time limit on when you can file a claim. You generally have two years from when the collision occurred with motor vehicle accident cases to commence your claim.
AFTER AN ACCIDENT, CONTACT US
A personal injury lawyer can help guide you through your options and help you obtain the compensation you need to help you recover from any injuries. They can also make sure that your insurance company does not attempt to limit the compensation that you are owed. Schedule your Free Consultation by calling (403) 452-2011 or send a message to firstname.lastname@example.org. We will represent you on a contingency fee basis, so we do not get paid for our time and attention until we settle.