Now, being involved in a car accident is capable of causing a lot of issues and damages, all of which have to be thoroughly compensated for in order for the victim to be able to go on with his life as usual. Identifying the most important types of expenses is critical and it’s done consistently. However, there are a lot of additional expenses, different from the ones that most of us are usually used to hearing about. (more…)
Being involved in a car accident is going to bring quite a lot of damages, not only to you but to your vehicle as well. With this in mind, if you are going to be filing a vehicle damage claim after an accident of the kind and the insurance company says that your car is a total loss, what do you do? What will happen if you are not on board with the valuation of the insurer? Does it matter whether you are dealing with your own insurer or the one of the other driver? Let’s find out. (more…)
There are quite a lot of things that you need to be doing if you want to see the end of your personal injury claim and especially if you want it to be successful. With this in mind, notifying the parties about the fact that you are about to file a claim against them, is undoubtedly one of the first things you need to do. If you have been injured in any kind of an accident it is critical to notify anyone that might be liable. You don’t really need to know who the person at fault was; you just need to think about the one who might have been at fault. What is more, in the start, you wouldn’t have to provide them with any detailed information. All that you need to do is to inform them that there was an accident which took place at a certain time and that you were injured in it and, of course that you are going to be filing a personal injury claim. (more…)
The thing is that there are quite a lot of different scenarios under which a car accident can unfold. The best case version would be for both drivers to shake hands and be cooperative when it comes to handling the case. However, that’s rarely the case. In most situations there are going to be arguments and in some of them the driver would even go away without stopping. That’s referred to as a hit and run accident – when you’ve hit a pedestrian or another vehicle but you do not stop to get the case resolved with the intention of getting away with it. (more…)
There are quite a lot of different injuries which could stem from the general accidents which encompass personal injury law and that’s most definitely something that you want to take into proper account. With this in mind, one of the most subtly dangerous injuries that you can go through is whiplash. This is basically a non-medical term which lawyers and practitioners use in order to properly describe a range of injuries to your neck. This is an injury which is most commonly caused by a sudden extension or a flexing of your neck secondary to an injury which happened at high speed such as a car accident, for example. Of course, this is something particularly abstract and it’s important to provide further clarification. (more…)
Imagine the following – you are driving to work as if it is a regular Monday morning. However, a car crosses right over the opposite lane and head crashes you directly. Fortunately, the safety systems of your car are brand new and the airbags manage to deploy in an instant. To add to this, you are also wearing your seat belt, so the injuries aren’t fatal. However, you immediately feel pain in your ribcage, your back and your head. At the same time, you are in utter shock of what happened and you are too paralyzed psychologically to consider the tremendous damages to your car. (more…)
Ontario is the state with the most car accidents in Canada. As unfortunate as it may be, car accidents are also the most tremendously dangerous road-traffic accidents and are therefore the cause of thousands of deaths every year. Throughout the moment of the crash, passengers and the driver are subjected to immense shearing and gravitational forces which could result to dramatic injuries and, unfortunately, in death. However, from a legal stand point, there is a huge difference between both outcomes, so let’s go right ahead and take a look at the actions that follow in each scenario. (more…)
Now, if you’ve been involved in an accident and want to seek compensation of the damages that you’ve had to incur as a result of said accident, you’d normally file a claim to your insurance company. In the best case scenario, you are going to be assigned an adjuster who’s going to conduct an investigation of the accident and adjust your compensation accordingly. If you are in luck, the compensation is going to be comparatively relevant and you are going to get a good amount of money. However, that’s not always the case.
In certain situations, the insurance company might as well deny you the claim and refrain from awarding you with compensation. This is something which is not so uncommon. That’s why it’s important to be well aware of your options.
Regulations for insurance It is very important to be aware of the fact that you have options available even if you’ve been denied the claim or you disagree with the company on certain aspects of the claim such as the amount, most commonly. The insurance industry as a whole is governed and regulated by the FSCO (Financial Services Commission of Ontario) as well as by the Insurance Act. They set forth the rules and regulations for all of the insurance companies to follow.
There is one particular section – section 280 of the Insurance Act which states that either one of the parties can effectively refer a disagreement or the insured party should refer to a mediator. If the mediation fails, then both parties are entitled to go ahead and proceed with arbitration or court procedure. The mediation is usually a non-binding proceeding in which someone outside of the argument is going to hear the statements of both parties and make a decision for them. The arbitration procedure is the same but the difference is that the decision of the arbiter is binding for both parties.
Now, as per the general legislation of Ontario, you will have two years to file a claim, start mediation or arbitration. So, it’s safe to say that even if the insurance company goes ahead and denies your claim for compensation or the amount is widely inappropriate, you still have quite a few options in front of you. This is something incredibly beneficial because it provides you with a large path to maneuver and be flexible in negotiations. The best thing you can do is hire an experienced lawyer to handle all of the negotiations and procedures. This is going to ensure that everything is handled perfectly and up to the highest industry standards – something that can very much get you the much desired compensation. The main reason is that the lawyers understand the nuances of the laws and regulations pertaining to Insurance Act. This will ensure that the will be with you at every step, ensuring that you get the justice that you deserve.
Even though the majority of personal injury claims in the province of Ontario derive from a car accident, the truth is that a wide range of said accidents are rather harmless. This is mainly because they occur in the city where there are clear signs and the conditions do not allow speeding or reckless behavior. Of course, this is not always true and there are a lot of cases which end up with horrible consequences.
Regardless of the damages, the truth is that over 90% of the car accidents and the pursuant claims never reach the court room. The reasons are various. Let’s take a look.
Slow legislative system
This is one of the main reasons for which people avoid going to court. It is going to take you about two years after you file the claim to get the first hearing of your case. This is just the first hearing. The procedures are incredibly slow and that’s because there is not enough capacity to handle the abundance of cases. The courts are flooded with cases and there is not enough human and physical capacity to handle more.
Furthermore, another quite common reason for which people prefer to stay away from the court room in situations of the kind lies within the high legal fees. Court fees are particularly high and a personal injury claim of the kind could easily cost you a small fortune. Even though these expenses are recoverable, you would still have to pay for them out of your own pocket during the trial and expect to get them back only when and if you win the case. That’s a risk that not everyone is willing to take.
The benefits of the out of court settlement
All of these cases that never reach the court are settled outside of it. The parties have reached mutually beneficial agreement and have acted upon it by bonding in a settlement. This piece of document has the same legally binding force as the ruling of the court and it’s fully enforceable by the necessary authorities. However, it’s nowhere near as expensive, it’s quickly achieved and there are no unnecessary hassles and burdens along the way. You get what you bargain for and there are no related risks with getting nothing at all, which may happen in court if the ruling is not in your favor.
So, there you have it, the main reasons for which people prefer to go around the court and settle outside of it. That’s not a bad thing – on the contrary – it’s an example of the freedom of negotiations and how it can serve society perfectly in times of distress and turmoil like this. Majority of the personal injury lawyers are experts in negotiations and though they have ample experience standing for trials they prefer that the case is settled amicably. This helps you get the much-needed funds faster.
Being involved in a serious car accident can be one of the most horrible things that could ever happen to you. The event is incredibly traumatic, it often ends in terrible injuries of all kinds and sometimes even in death. In any case, you should consider pursuing your legal rights, provided you are on the side of the law. If you aren’t, then you have to think about a great defense strategy.
Laws pertaining to car accidents
In any case, you should be thoroughly aware of the fact that the country of Canada is divided in different provinces, each of which is authorized to issue legislative acts which are separate and can differ from the ones enacted by the Canadian government. The state of Ontario, however, doesn’t have a lot of legislative differences when compared to the Governmental law. However, there are a few things that you ought to know if you’ve been involved in a car accident.
You must make sure to get the relevant and legal information if you’ve sustained some sort of injury. This is intended to help you later on when you file your injury claims. You have to comply with all the legal procedures in case. You have to remain at the site of the accident. However, if someone is hurt, you have the absolute legal obligation to help them. This doesn’t mean that you should provide them with medical assistance – you simply have to call the 911 number and get the ambulance or the police going.
Accident Reporting Center
Make sure to get the other vehicle’s license plate as well as the information regarding the driver. This is rather simplified because you are legally obligated to do so. If there is someone who’s injured, the police are generally going to come at the scene but if there are not there, you’d likely be redirected towards the Accident Reporting Center.
Notification to the Insurance Company
You also have to notify your insurers. But before you do so, it’s highly advisable that you contact a lawyer so that he could provide you with actual information that you could rely on and not get manipulated by the insurance company. In any case, after you open the report of the accident you have to file your claims in a timely manner. Once this is done, the insurance company will start looking into it. This is why you should be really well aware of your rights so that you get all that is rightfully yours. The insurance company is going to be provided with the right to inspect your vehicle in order to determine the amount of damages that has to be paid. In any case, the procedure isn’t overly complicated but it’s time consuming and requires knowledge of the respective regulations. Depending on a professional lawyer is your best bet as they understand the nuances of the complex and challenging cases that are covered under Tort Laws.