As injured passengers in a car accident, it’s vital to know the steps to protect our rights and wellbeing. Our first concern, especially with passengers, is getting them emergency medical care, even if their injuries are minimal.
Taking pictures to document the accident scene and obtaining witness information can be essential. By involving a trusted personal injury lawyer from the very beginning, we can help you avoid pitfalls and navigate the claims process.
At Bergel Magence LLP, we’ll be with you every step of the way.
Understanding Passenger Rights
Understanding your passenger rights after a car accident can help you navigate this confusing time. While knowing your rights can’t solve everything, it’s important to have a clear understanding of what you’re owed and what form compensation may come in. Here’s a look at those factors so you can be informed and ready to act if you need to.
Types of Compensation
Ontario law guarantees certain types of compensation to passengers injured in car accidents. Accident benefits are provided to cover medical expenses, rehabilitation costs, and income replacement. You can still receive these benefits even if you do not have your own auto insurance policy. Just file a tort action to begin the process.
If you can’t afford insurance, the Motor Vehicle Accident Claims Fund (MVACF) provides some financial relief. It is the safety net’s payer of last resort, for those who truly need it. This provides the injured party with something to help cover the costs of recovery so they are not stranded in their time of need.
In accidents involving two cars where both drivers were at fault, you can file claims against both insurance companies. This holistic approach ensures you get the full scope of benefits and compensation you deserve.
Rights to Claim Damages
As a passenger that was injured in an accident, you have the right to seek damages from the negligent driver(s). Every major accident is the result of the combined negligence of multiple parties. When that occurs, you might have to make claims with multiple insurers.
Learn about Ontario Automobile Policy (OAP 1) to know what you are covered for and what you are entitled to. This information will empower you as you navigate the claims process. If you lend your vehicle, you may be liable because the borrower may be determined to be at fault in an accident.
This incident could have an adverse effect on your insurance record. If you are determined to be 50 percent or more at fault for the accident, your insurance premium may be subject to increase at renewal. Understanding these nuances can save you from making uninformed or premature decisions along the way to filing your claim.
Legal Action Options
When you take legal action, working with a personal injury attorney can greatly improve your chances of success. At Bergel Magence LLP, our experienced team is committed to advocating for your rights and guaranteeing you receive the compensation you deserve.
Without an attorney, people can’t go up to bat against insurance companies who care more about their bottom line than putting you first. The Ontario Insurance Act, s. 265(3) provides the basic priority scheme for uninsured passengers, deciding from which insurance policy the passenger can claim benefits.
This dynamic legal landscape can be daunting, but our experience takes the stress out of the process, allowing you to concentrate on healing. We are completely confident in your success, just like our policy of “No Fees Unless We Win.” This allows you to seek justice without any financial risk on your part.
Steps for Injured Passengers
Seek Medical Attention
If you’ve been injured in a motor vehicle accident as a passenger, your health should be your first concern. Even injuries that seem minor at the outset can develop into much more serious conditions. Receiving medical treatment right away helps get hidden injuries diagnosed and treated as soon as possible.
This helps not only with your recovery, but creates a record of the injury’s severity, which is often critical for legal claims. Many passengers overlook this vital step, assuming they’ll heal with time, but early treatment is key to both health and successful compensation.
Report the Accident
Once you’re safe and have cared for urgent medical needs, reporting the accident to local authorities is a critical step. A police report provides an official account of what happened in the accident, which is critical for filing claims under the other party’s insurance.
Frequently drivers and others at fault will try to work things out without involving lawyers. Stepping up to file a formal report provides an objective record of events and protects your rights as an injured passenger.
Collect Evidence
Collecting evidence from the accident scene will help you build a strong case. Images documenting the vehicles’ damage, the scene of the crash, and the passenger’s visible injuries are often extremely useful.
Get contact information from witnesses who can back up your story. Evidence tells a different story about what happened. It does a great job of rebutting any arguments from insurance companies that will seek to downplay the extent of your injuries or your role.
Communicate with Insurance
Having a clear understanding of insurance policies is important. If the driver is insured with PIP or medical payments coverage, you can file a claim under those coverages.
Contact their insurance company to begin the process. If you can’t freely access any of those choices in Ontario, you can make a claim. Get involved by writing to the Ontario Motor Vehicle Accident Claims Fund.
With nearly 14 percent of drivers uninsured, understanding your uninsured motorist coverage can save you from unexpected bills. Knowing insurance companies are focused on their bottom line, being prepared with all documentation available helps you prove the legitimacy of your claim.
Consult Legal Advice
Navigating this legal landscape can be tricky, particularly if you work with insurance companies. Getting advice from a personal injury lawyer, such as the helpful lawyers at Bergel Magence LLP, can make all the difference.
We combine experience with empathy to maximize the damages you deserve. We have an unparalleled grasp of Ontario’s legal system. Our deep-rooted respect for family values makes us treat your case like our own.
We work on a contingency fee basis. With us, you pay only when we win, alleviating some of the financial burden you’re facing after this unexpected injury.
Implications of No Personal Insurance
It’s hard enough to navigate the aftermath of a car accident if you have your own personal insurance. This challenge is exacerbated when you’re navigating injuries as a passenger. In Ontario, if you don’t have your own auto insurance, you can still get compensated and supported. There are many different routes to assist and support you. Let’s dive into these options to offer more in-depth guidance on how to proceed.
Coverage Options Without Insurance
In Ontario, car insurance is mandatory — drivers cannot get behind the wheel without a valid, government-approved insurance policy. Many are not, and about 1 in 5 drivers are still uninsured despite this requirement. This alarming statistic highlights the financial jeopardy that passengers may be left in after being injured in an accident caused by an uninsured driver.
Luckily, the legal framework in Ontario provides eligible passengers with the ability to receive accident benefits regardless of their own insurance status. As demonstrated in the most recent case of Co-operators v. Hollands, the courts have been receptive to these scenarios. They confirm passengers’ rights to bring a tort action when a driver lacks liability coverage.
Passengers would be able to claim medical bills, rehabilitation, lost income, etc., without having to possess their own insurance policy. This provides them the latitude to pursue compensation directly.
Accident Benefits Eligibility
Under the Ontario Insurance Act’s priority rules, passengers injured in an Ontario motor vehicle collision can make a claim for accident benefits. This framework protects uninsured passengers from being left out in the cold. When passengers initiate a tort action, they are able to access benefits that allow them to cover necessary expenses while they recover.
This encompasses critical medical care and potentially life-saving rehabilitation care. It’s important to note – especially for individuals and grantees – that this process can be quite intimidating and difficult without legal expertise. Consulting with an experienced personal injury attorney can help ensure that difference is a positive one.
The experienced team at Bergel Magence LLP can assist you in collecting the benefits you are entitled to. Without legal representation, survivors and families of those who died frequently deal directly with claims adjusters. These adjusters are incentivized to deny you money, not to do what’s best for you.
Alternative Compensation Sources
When fighting for just compensation, it’s important to consider every potential source. Boland Romaine’s track record of recovering millions of dollars in compensation for injured passengers serves as a reminder to always seek experienced legal counsel.
When you are dealing with traumatic brain injuries, fractures, or psychological injuries, an expert is indispensable. Their support can be the difference between your full recovery or none at all.
Your attorney can help you figure out where compensation might come from, such as the at-fault driver’s insurance, if they have any, and what other parties may be liable.
This holistic approach makes sure that you have all the support you need to recover from catastrophic, life-changing injuries.
Communicating with Insurance Companies
Navigating the insurance companies after a car accident can be a complicated web of rules and red tape. Come into this process with a plan. Follow these tips to make sure you get the assistance and compensation you need.
When to Contact Insurers
First thing’s first, call the insurance company as soon as possible. The sooner you report the accident, the quicker you’ll be able to begin processing your claim. This simple first step goes a long way toward creating a record of events and can preserve your rights later on.
Insurance companies will try to close your claim as quickly as possible, often within a few days of the accident. Having specialist advice at the outset, such as McNally Gervan, is worth its weight in gold. They’re incredibly effective at making insurance and personal injury claims go away.
This specialized knowledge enables them to guide you through initial communications quickly, so you don’t overlook a key move or timeline.
Information to Provide
Communicating accurately and clearly with your insurance company will help ensure a quick and seamless claims process. You’ll be required to fill out various forms, including an OCF-1 (Application for Accident Benefits).
This form will ask for information about the vehicle you had insured, your injuries, and the out-of-pocket expenses you’ve experienced. It is very important to document everything relating to your injuries and treatment after the accident.
This practice becomes especially crucial in the days, weeks, and months that follow. This documentation will further your claim and assist in negotiations from here on out.
McNally Gervan’s team have a wealth of experience in these requirements. If you are an attorney, they can help you ensure every nuance is captured and filed correctly.
Handling Insurance Adjusters
Dealing with insurance adjusters can be one of the toughest aspects. These professionals usually work for the insurance company and have been known to focus on paying out the least amount possible.
Our skilled personal injury lawyers at McNally Gervan have years of experience dealing with insurance companies on behalf of our clients. They’re familiar with the tricks that adjusters will try.
They’ll fight for you to make sure you receive a proper settlement. Their “No Fees Unless We Win” policy means you can seek justice without the weight of high upfront costs. This helps you focus on healing, not how you’re going to pay.
Communicating with insurance companies after a car accident can sometimes be complex and overwhelming. The team at McNally Gervan’s experienced professionals are here to guide you through this complicated process.
They provide quality legal representation and no cost consultations to help you every step of the way. They make sure you’re aware of your rights and ready to do battle with whatever insurance company obstacles you encounter.
Select a firm with a history of success. This decision will ultimately lay the groundwork for the most favorable outcome in your personal injury case.
