How to Sue for a Car Accident
Car accidents can be a traumatic and costly experience. In Ontario, compensation for many car accidents is provided through insurance coverage in the form of statutory accident benefits and therefore do not require a lawsuit. However, if you have suffered significant injuries due to the recklessness or negligence of another driver or third party, you may be entitled to sue for your pain and suffering and future health care costs. You might also be able to sue for losses that have not been covered by your insurance company.
It should be noted that personal injury lawsuits can be complex. It is therefore advisable to consult a personal injury lawyer as soon as possible to help you navigate the legal process. Nevertheless, if you have been involved in a car accident and plan on suing, it is important you understand the steps involved.
Steps for Filing a Car Accident Lawsuit
Here are instructions to follow after you have been involved in a car accident that will improve your odds of a positive legal outcome.
Gather Evidence
The first step in suing for an automobile accident is an important one – gathering evidence. The key pieces here are taking pictures of the scene, getting the contact information of any witnesses, and securing a police report. These will be necessary components to support your case going forward. It is also important to keep track of any medical expenses you may have incurred as a result of the collision, as well as any days off work that were taken due to the physical injuries received from the accident.
Report the Incident
When it comes to reporting the accident, there are several timelines to be aware of:
- If the amount of damages exceeds $1,000 or if there has been an injury, you must report the accident to the police.
- If you want to report an accident and the authorities were not involved at the time, you have 24 hours to report the incident to the Collision Reporting Centre.
- You have 7 days from the date of the accident to report it to your insurance provider.
- You have 30 days from the time you receive the Accident Benefits package to submit your completed application.
- If you plan to sue for the car accident, you must notify the individual you are suing within 120 days of the accident.
- In all cases, you must file the lawsuit within two years of the incident.
- For car accident claims against a provincial or municipal government, you need to provide written notice of your intention to sue within 10 days of the incident.
Consult a Car Accident Lawyer
When considering legal action for a car accident, it is recommended to work with a personal injury lawyer. Experienced personal injury lawyers can provide invaluable insight into the value of your claim, they can help you choose the best strategy for proceeding, and they can carefully guide you through each step of your personal injury claim.
Many personal injury attorneys offer no-cost consultations and take cases on a contingency fee arrangement. In other words, payment is only required if they win the case, and it will come as a portion of the car accident settlement.
File a Lawsuit
When it comes time to file your lawsuit, you will do so with the Ontario Superior Court of Justice. In your car accident claim, you will need to provide sufficient evidence and a thorough description of how the accident occurred, what physical injuries were sustained and what level of compensation you are seeking.
Ensure that any details you provide are accurate and that you have collected all the necessary evidence before filing the lawsuit. This is an invaluable step that will give your case the best chance in court.
Contact Kalsi Law if You Have Been Involved in a Car Accident
As you can see, suing for a car accident is a complicated process fraught with regulatory rules and procedures that must be followed. As such it is crucial to seek the assistance of a knowledgeable motor vehicle accident lawyer who has knowledge of long-term disability benefits and personal injury lawsuits.
With years of experience in the field of personal injury law, Kalsi Law has the experience to guide you through the legal process of your car accident lawsuit and give you the best chance of receiving the compensation you deserve. Contact Kalsi Law today for a free consultation.
