Tag: insurance

What to do after an auto accident in Ontario

On behalf of Rooz Law posted in Car Accidents on Wednesday, November 26, 2014.

Many Ontario residents believe that an emergency call should be made after any motor vehicle collision, but this is not required in many cases. Motorists should call 911 if the accident was caused by a motorist violating criminal law, when motorists or pedestrians have been injured or when the vehicles involved have sustained at least $1,000 of damage. A common violation of criminal law that would necessitate an emergency call is driving while impaired by alcohol or drugs. Motorists should call a local police number after less serious collisions.

The first thing that an Ontario resident should do after a car accident is pull over. A driver may face severe penalties for leaving the scene of an accident even if nobody was hurt and the amount of damage was minor. Drivers should not attempt to move injured individuals unless the situation is extreme. However, clearing the roadway of vehicles and debris is recommended in most cases, but it is always a good idea to take photographs of the scene with a cellphone before anything is moved.

Once the risk of further injury or damage has abated, motorists should turn their attention to gathering information. The names and insurance details of all drivers involved should be noted as well as the names and contact information of any witnesses. It is important that motorists try to remain calm at all times. Accidents caused by reckless drivers might provoke an angry reaction, but this rarely improves the situation.

Those who suffer injuries in an auto accident may pursue civil remedies if the driver responsible acted negligently. A personal injury lawyer could help a victim seek compensation for his or her property damage and lost income by filing a lawsuit against the negligent motorist or insurance provider.

Source: Financial Services Commission of Ontario, “What to do After an Auto Accident”, November 25, 2014

The benefits of insurance after a car accident

On behalf of Rooz Law posted in Car Accidents on Thursday, October 2, 2014.

Being injured in a car accident can be physically, emotionally and financially burdensome. Ontario law provides some financial relief through the Statutory Accident Benefits, which insurance companies are required to offer in standard policies.

Whether or not a driver is at fault in a car accident that causes injury to others, Statutory Accident Benefits allow the driver to recover compensation for certain damages. These benefits might include payments that replace lost income, caregiver compensation if the driver is unable to continue caring for a family member, and compensation if the driver cannot do everyday activities and is not eligible for replacement income or caregiver payments. Other expenses that the driver may be reimbursed for include travel expenses for family members who visit during treatment and recovery, home maintenance, housekeeping, lost educational costs, and replacement or repair of damaged items in the accident. Additionally, the family members of the driver could be eligible for death and funeral benefits if the driver dies in the accident.

While these benefits apply to drivers who are insured, drivers who are not at fault and do not have insurance coverage may be entitled to accident benefits. They can fill out the Accident Benefits Application Package and send it to the insurance company that covers the at-fault vehicle. If the vehicle is uninsured, the drivers might receive benefits under the Motor Vehicle Accident Claims Fund. In such cases, the MVACF files a legal claim against the uninsured driver who was at fault in the accident to recover the paid compensation.

Passengers who are injured in traffic collisions could also be eligible for accident benefits whether their names are on the insurance policy that covers the vehicle in which they were riding. Likewise, pedestrians who are involved in crashes may receive compensation from the vehicle insurer. Victims who need help navigating the claims process may receive guidance from a lawyer.

Source: Financial Services Commission of Ontario, “After an Auto Accident: Understanding the Claims Process”, September 30, 2014

11-year-old girl is dead following 2-car collision

On behalf of Rooz Law posted in Car Accidents on Wednesday, January 7, 2015.

Ontario Provincial Police continue to investigate a head-on collision in Norwich Township that claimed the life of an 11-year-old girl on Jan. 3. Following the crash, reports indicate that the child was rushed to hospital where she later succumbed to her injuries. Six additional people were also hurt in the fatal two-car accident, and they were transported to hospital by ambulance and treated for non-life-threatening injuries.

The incident occurred on Norwich Road between County Road 13 and Middleton Line. The OPP responded to the call at approximately 4:40 p.m., and the road remained closed for more than four hours while police and emergency crews worked the scene. At press time, the OPP Technical Traffic Investigation Team is assisting authorities with the ongoing investigation.

Few additional details about the fatal crash are available. Investigators say that the driver of a car traveling westbound on Norwich Road lost control of the vehicle, entered the eastbound lane of the roadway and collided with an oncoming SUV. The minor child who was killed in the wreck was a passenger in the SUV.

When family members die in car accidents due to the negligence of other parties, no amount of money can ever change the tragic chain of events or replace the lives that were lost. However, individuals who seek financial compensation for their losses through wrongful death claims may be able to find some degree of closure in requiring at-fault parties to be held responsible for their choices.

Because insurance companies may represent their own clients’ best interests when negotiating a settlement, individuals who have suffered a catastrophic loss may find it beneficial to seek help from a lawyer in pursuing a claim. The lawyer could assess the full extent of the loss, prepare the paperwork and represent a claimant in court if insurers are unwilling to agree to a fair settlement.

Source: AM980, “OPP Investigating Fatal Crash in Norwich Township”, January 04, 2015