Ontario is governed by a “no-fault” scheme of insurance for things like covering the damages to your vehicle and providing you certain benefits (“accident benefits”) to pay for physical treatment, replace a portion of your missed income, and provide reimbursement for attendant care expenses. Other Canadian provinces have their own, similar versions of this. If you’re in an accident, the first thing you should do after reporting it to the police and/or a local collision reporting centre and seeking medical attention is to call your insurance company. Your insurer can advise you about the next steps for repairing your vehicle and seeking accident benefits.

There may be an inclination to seek the advice of a personal injury lawyer if you were injured. But you might also be concerned you are at fault for the accident and wonder how to protect yourself against future claims. If you think you may be at fault, it is possible that other people who were injured in the incident will bring a claim against you in the future. In most cases, they have two years to do so, though sometimes they will do so well before that and in other cases may have reasons for doing so later than that.

It is wise to consider gathering names and information of witnesses who may have observed the incident, particularly if they can speak to details that may suggest you are not at fault, or not fully at fault. For example, if you were making a left turn when the collision happened, it would be useful to know if any witnesses observed the other car coming through on a red light as you were making that turn. If you feel there were outside factors that contributed to the accident, like the actions of another driver, poor lighting conditions, or the like, make note of these things too and report them to your insurance company. They may decide to make further investigations and gather evidence that could be helpful down the road if you are sued. It can be difficult gathering this information as time passes. Consider taking photos of the scene of the accident if possible and of your vehicle.

Accidents happen and it can be overwhelming if you’re both injured and concerned about claims against you. Reporting important details to your insurance company and keeping records of those details yourself can help you maintain a solid defence should claims arise against you.

For queries regarding insurance defence, please contact our lawyer Maya Krishnaratne at 416-446-5841 or email her at maya.krishnaratne@devrylaw.ca

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”