CAR ACCIDENT CLAIMS
When you retain my firm, certain steps need to be taken at the outset. Those steps are as follows:
- Formal written notice of your intention to proceed with a claim against the at-fault driver should be given to the owner, driver and their insurer within 120 days of the accident.
- You must provide the at-fault driver’s insurance company with documentation to support of your claim.
- Injured persons must apply for accident benefits and complete all of the application forms correctly.
- You must commence a lawsuit within a two-year period from the date of the accident to preserve your rights to sue the at-fault driver. If you fail to commence the suit within this period you may be barred in law from continuing with the lawsuit.
- Once a lawsuit is commenced, you will need to attend an examination for discovery which is where the lawyer for the at-fault party can ask you questions about the accident and your injuries.
- There are provisions in the Insurance Act that require the parties to mediate the issues in dispute and to encourage early resolution.
- If the matter cannot be resolved then the parties proceed to trial.
GENERAL PERSONAL INJURY CLAIMS
In a non-motor vehicle accident claim, the following steps are taken by my office to assist you in your claim:
- My office will put the other party on notice of the accident and request that the insurer for the party be put on notice of the claim. There is no time limit on when to put the party on notice like in a motor vehicle claim but the sooner you put the party on notice the better.
- Once the party is put on notice, my office will usually be contacted by a representative of the insurance company. The insurance representative will usually need time to investigate the matter and will also ask for medical information.
- Once the insurer’s investigation is complete and medical information is obtained, there may be a discussion of merits of the case.
- Within two years of the accident, you must commence a lawsuit. If you fail to commence the suit within this period you may be barred in law from continuing with the lawsuit.
- Once a lawsuit is commenced, you will need to attend an examination for discovery which is where the lawyer for the at-fault party can ask you questions about the accident and your injuries.
- If the matter cannot be resolved then the parties proceed to trial.
