Car accidents in Ontario are increasing year over year — the Ontario Provincial Police report a 20% increase in collisions from 2021 to 2022. As unpleasant as it is to think about being involved in a crash, spending a few minutes now to learn about the process will likely help save you time and worry in the future.
PRESERVING EVIDENCE AFTER A CAR ACCIDENT
Although it is an incredibly stressful experience, a key thing you should be thinking about is preserving evidence of the accident. Evidence is needed to claim accident benefits from your insurance company.
If you are going to pursue a claim against another party, you will also need evidence to prove your losses and expenses that relate to the accident and your injuries.
Provided that you are not seriously injured, below is a quick checklist of things to keep in mind, but please ensure that it is safe before proceeding:
- Talk to the other driver(s) to collect their name(s), contact information and licence plate number(s) — it is also worthwhile to take a picture of their driver's licence(s);
- Ask all other involved driver(s) for the names of their insurance companies and for their auto policy details;
- Take pictures of any damage;
- Take pictures of your injuries;
- Make a note of the names of any others who suffered injuries and what those injuries are;
- Try and document the details of what happened — the date, time and location of the accident are essential, but this could also include where you were going and how the accident occurred, who was involved, and any relevant details about your surroundings (e.g., an ambulance had its lights flashing); and
- If the accident is reported to the police, write down the name and badge number of the investigating officer.
It can also be a good idea to create a voice memo or video of the events — this will help keep the details crisp in your memory further down the road. It may also be helpful to enlist any present passengers to help gather important evidence if you are unable to do so.
HOW DO I REPORT THE ACCIDENT?
In Ontario, you are required to file a report with your insurance within seven days or as quickly after that as possible. Unfortunately, if you fail to report your claim within a reasonable amount of time it may not be honoured.
The information that you have collected (checklist, above) must be submitted when making your report.
DETERMINING FAULT IN A CAR ACCIDENT: WHOSE FAULT IS IT?
The insurance company will determine fault based on the Insurance Act and the Fault Determination Rules.
Fault may be shared amongst multiple people involved in the accident and the insurance company will assign a percentage of fault anywhere from 0 to 100% — any finding of fault will be recorded on your insurance record.
Compensation for the accident will depend on the type of insurance coverage you have purchased, as well as the percentage you were determined to be at-fault.
Unfortunately, if you are found to be 50% or more at-fault you will likely see an increase in premiums when your policy is next renewed.
THEN WHAT?
If your vehicle has been damaged, your insurance company will pay the lower of the costs to repair the damage or the "actual cash value" of the vehicle at the time it was damaged. Insurance companies will not pay more to repair your car than its "actual cash value."
If you are injured, under the Insurance Act and the Statutory Accident Benefits Schedule in Ontario, you may be entitled to the following benefits:
- Income replacement;
- Caregiver;
- Non-earner;
- Medical;
- Rehabilitation;
- Attendant care; and
- Compensation for certain other expenses incurred as a result of your injuries.
Should injuries occur, understanding the benefits available under the applicable legislation is vital. From income replacement to compensation for various expenses relating to your accident, being aware of your entitlements can help make a significant difference.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.