Car Accident Frequently Asked Questions

February 28, 2011 / Categories: Frequently Asked Questions, Motor Vehicle Accidents

1. I have just been in an automobile accident.  What is the first thing I should do?
   First, call the Police, by dialing 911.
   At the scene of the accident, be sure to obtain the names, addresses, license plate numbers, and insurance information from the other drivers involved, as well as all witnesses.
   If you are injured in an accident, it is important to seek treatment immediately.  Sometimes serious injuries do not cause immediate pain.  If you experience even minor pain after an accident, you should go to the hospital or call your doctor immediately.
2. An insurance adjuster for the other driver just called me, and asked me to give a “statement” about the accident.  Whose side are they on?
   Not yours. The other driver’s insurance company has two goals: first, they want to protect the interests of the driver who caused you injury, and second, they want to pay you as little money as possible.
3.  Should I give the “statement” that the insurance adjuster for the other driver is requesting?
   If you were injured or if you are partially or totally at fault in the accident, you should contact our personal injury team prior to deciding whether or not to give a statement to an insurance company.
4. I have been injured.  Who will pay my medical bills?
   If you have “medical payments” coverage in your work or private benefits policy, you will be able to have your bills paid under that coverage.  Otherwise, your auto insurer is required to pay bills under that coverage (different coverage limits may apply) or OHIP may cover some expenses.  There are many pitfalls and obstacles for the injured party to overcome so it is imperative that you call our personal injury team immediately to get you all the benefits you are entitled.
5.  Can I get money for my pain and suffering?
   Upon convincing proof to the insurance company of your pain and suffering, most insurance companies will agree to pay for pain and suffering damages. However, your injuries must meet pass the “threshold test” and a deductible.  This will be further explored with our office in our free consultation.
   Proof of pain and suffering is one of the most challenging aspects of an automobile accident claim, and requires witness statements and doctor reports to support the claim.
6. The accident was a short time ago, but the insurance company is offering me money now.  Should I take it?
   Be very careful.  Insurance companies make a profit by keeping money and investing it, not by paying it to injured victims.  An early offer may not fully compensate you for your injuries, especially if you do not know yet the full extent of the injuries.  Remember that once you accept the offer of the insurance company, they will pay you no further money.  This will be true even if you later discover that your injury is worse than you thought.
7. If I hire a lawyer, what will the lawyer do for me?
   Your lawyer should help you to find the best medical providers trained in treating patients with your injuries; interview and obtain statements from all witnesses to the accident; research the law that applies to your case; preserve the evidence of your damages in a way that will be admissible in court if it is necessary to go to trial; advise you as to the value of your claim through research as to settlements and judgments of other cases similar to your own; prepare a detailed and convincing settlement brief to present to the insurance company to obtain a fair settlement of your claim; and, take your case to trial. If it is necessary in order to obtain fair compensation for you.
8. I would like to talk to a lawyer, but I cannot afford one.  What can I do?
   If you have a case and we represent you, you will not have to pay our legal fee unless and until we recover money for you. It will cost you nothing to meet us to determine whether we can help you. NO OBLIGATION, NO RISK! Call our legal team now to protect you and your family’s future.