The following questions and answers offer helpful information for obtaining compensation and treatment for your injuries if you are wounded in a car accident brought on by the carelessness of another motorist.
This is not legal advice; it is general information. Please get in touch with Geoff Aylward, a personal injury attorney in Newfoundland and Labrador, if you have particular inquiries concerning your case.
1. HOW DO MY OWN INSURANCE COVERAGES PROTECT ME?
If you have the appropriate coverage, your insurance provider might offer vital protection. Where other insurance falls short, this protection fills the gap. Your insurance should cover:
- Accident benefits: This coverage is effective immediately following an accident and is not dependent upon culpability. It handles medical costs associated with therapy and drugs that are not covered by other insurance. This coverage, known as Section B, also offers a modest recompense for lost income.
- If your claim exceeds the insurance coverage carried by the other vehicle, the family endorsement benefit kicks in.
- Liability limit: To protect yourself from the stress of a high claim if you are at fault in an accident, you should have a high insurance liability limit of $1,000,000 or more. The significant additional benefit is that if you also have Family Endorsement coverage, your limit will protect you. It’s possible that the other driver has no insurance at all or only the bare minimum of $200,000 in coverage. If your claims exceed the other vehicle’s coverage limit, you are covered up to the full extent of your own policy and do not need to be concerned about the other driver’s lesser limit.
- Disability and creditor insurance: Insurance against disability and creditors may be provided by your employer or a lender. If you are unable to work as a result of an automobile accident, these insurance coverages are crucial.
2. WHAT IF I AM IN A CAR ACCIDENT AND MAY BE INJURED?
If anyone has suffered a serious injury, 911 should be called. The full response team could be police to control traffic and investigate, a fire truck for emergency extraction, an ambulance, and a tow truck. If you are advised to go to the hospital by ambulance, follow this advice.
- The law requires that drivers exchange information if there is an accident. It is an offence for either driver to leave the scene of an accident to escape a claim.
- Drivers are required to exchange basic important information. Obtain the name and address of the owner and the licence plate of the other car. You will find this information on the vehicle registration. Check it against the licence plate. Obtain the name and address of the driver. You can write down this information from the driver’s licence. Ask for the phone number for the driver and owner. Write down the insurance information for the other vehicle including the broker or insurer and policy number and the name of all insured persons. Photograph the registration, plate number, driver’s licence and policy as a back-up record.
- You may or may not feel a bit shaken up at the scene of the accident. A day or two may go by before you feel hurt and sore. You will still need the information about the other vehicle, driver and owner, to protect your claim in case this happens. Play it safe – get the information even if you are not aware of injury or damage to your vehicle.
- Do not say anything about fault at the scene of the accident except to the police officer and other first responders. Do not make any statement to the other driver that suggests the accident was minor or had no physical effect on you.
- If the police attend the scene of the accident, the police officers will generally obtain this information. Check to be sure that this has been done. The police officer should pass you a card with a police file number and sufficient handwritten accident details so you do not have to record the information yourself.
- Ask for any witnesses for their names and phone numbers. Take photographs of the scene, including the positions and location of vehicles and area of debris on the road before the vehicles are moved.
NOTE: At all times you should keep a pen or pencil and paper in your car. It helps if you carry your cellphone. The vehicle registration and insurance must be in the vehicle. You must carry your driver’s licence when driving.
3. WHEN DO I SEE A DOCTOR?
If you experience accident-related symptoms, visit the emergency room, your primary care physician, or a walk-in clinic. Schedule the following appointment if you can see your doctor within a reasonable amount of time if you can’t get in to see them right away.
Medical evaluation of a true injury is crucial. If you ignore your injury in the hopes that it will go away, you may miss out on the advantages of prompt medical attention and could not be entitled to the entire insurance settlement. The insurance will need to be informed that you had injuries, what kind and how serious they were, that the accident was to blame for your injuries, and that you are receiving the assistance you require. The sooner you see a doctor, the better off you’ll be with those answers.
4. WHEN DO I CONTACT THE VEHICLE INSURER?
As soon as possible, notify the accident to your car’s insurance company and let them know that you or one or more passengers may have suffered injuries. This is a necessary first step to guaranteeing partial and complete Section B insurance coverage for medical expenses and lost wages.
If you were riding in a car without Section B coverage, you might be able to get the same level of protection through your own auto insurance policy or the policy of a family member. In order to ensure that this coverage is established right away, Geoff Aylward, an accomplished injury attorney, will help you make sure that all of the paperwork is correctly filled out and filed to the insurance provider.
5. DO I HAVE TO MAKE A POLICE REPORT?
The drivers must report an accident to the police within 24 hours if there is an injury or car damage. This requirement does not apply if the police have attended and taken the information from the drivers at the scene.
6. WHEN DO I CONTACT A PERSONAL INJURY LAWYER?
When his clients need him, experienced personal injury attorney Geoff Aylward is there for them. Because of this, he checks and replies to emails and texts sent after business hours that ask for urgent advice.
The earliest possible moment following the accident is the ideal time to call a lawyer. You have the right to be informed of your legal options and to have competent representation from the outset. Your claim is placed on a firm foundation when you have accomplished injury attorney Geoff Aylward by your side from the beginning. He can take care of the insurance and injury compensation concerns so you may concentrate on getting better.
7. WHAT IF I GET A CALL FROM THE OTHER INSURANCE COMPANY?
Inform the insurance provider that a lawyer would be handling your case. Request the caller’s name, phone number, the insurance provider’s name, the name of the insured, and the claim number. Until you have been represented by a knowledgeable personal injury attorney like Geoff Aylward, do not provide any additional information, particularly regarding how the accident occurred, your injuries, or your employment status.
8. WHAT ARE MY PASSENGER’S RIGHTS?
Almost usually, a passenger has a right to reimbursement. One driver or the other will nearly always be responsible for the accident in a two-car collision. In a single automobile collision, the driver is frequently at blame. An hazardous driver shouldn’t be a passenger in a vehicle. Your claim can be lowered if you had cause to believe the motorist was under the influence.
9. WHAT RIGHTS DO I HAVE IF THE OTHER DRIVER WAS UNINSURED OR LEFT THE ACCIDENT SCENE?
You might be eligible for compensation under your own or a family member’s auto insurance policy. You may be entitled to compensation from the Judgment Recovery Fund if your policy does not cover the situation or if you do not own a vehicle. In these situations, special methods are used. If the other driver fled the scene of the collision without providing the necessary information, it is crucial that you get in touch with the police within 24 hours. More stringent guidelines, processes, and deadlines can be applicable. In the event that the other driver fled the scene, you believe you have been given false information, or you believe there was no insurance coverage, you should get in touch with a knowledgeable injury attorney right once, such as Geoff Aylward. Your right to compensation could be compromised or lost if the required actions are not completed promptly. One reason experienced personal injury attorney Geoff Aylward is reachable after hours is due of this.
10. WHAT INFORMATION IS NEEDED TO MAKE THE INSURANCE CLAIM?
At the time of your initial consultation, you and your experienced injury lawyer Geoff Aylward starts the process of obtaining information. This includes, as necessary:
- Accident details, including vehicle damage and accident reconstruction
- Police file
- Exchange of information with insurer
- To the extent relevant, prior health, employment, and education records
- Supporting evidence of ongoing future medical treatment by your doctor, specialists, and therapists
- Expert evidence on how your ability to work or perform other activities has been affected
- Actuarial evidence to determine value of loss of future income and future expenses
- Documentation of expenses related to the accident including recovery of property damage for replacement or repair of your vehicle (if applicable)
- Keeping track of receipts for expenses that are not routinely recorded
- Compelling other insurers to disclose information through the commencement of legal proceedings and discoveries.
It is a significant undertaking just to collect and maintain all of this data. The more proof you gather, the higher your chances are of receiving a settlement that fully reflects the advantages you are entitled to. An experienced personal injury attorney is aware of the necessary types of evidence and how to present it in the most convincing way. For many years, attorney Geoff Aylward has successfully filed and represented insurance claims and disputes. He is aware of the proper methods for gathering and presenting this data backed by persuasive justifications.
11. WHAT DAMAGES IS MY PERSONAL INJURY CLAIM COVERING?
Compensation is given for suffering, lost earnings in the past and the future, help with domestic chores, and expenses. Requests for this compensation are supported by the required paperwork, any relevant legal proceedings, and settlement negotiations.
The reimbursement for those losses will be given to your insurer to the extent that portion of these losses were covered by your own insurance.
12. WHAT HAPPENS IF I AM ACCUSED OF CAUSING THE ACCIDENT BY THE OTHER DRIVER?
Rarely do insurers formally admit liability. You need to be ready for the potential that fault can be disputed. In some situations, it’s unclear who to blame for the mishap. One of the reasons you need an accomplished injury attorney like Geoff Aylward by your side at the start of your claim is because of this.
After considering all of the available data, relevant legal precedent, traffic regulations, and factual information, fault is established with a focus primarily on the accident’s unique circumstances. Fault may not be immediately visible. Details are crucial. Your claim will be advanced by an accomplished personal injury attorney as successfully as the law and the evidence will allow.