Each person involved in the car accident can turn to his or her own insurance company for compensation, regardless of who or what caused the accident. Compensation amounts, known as accident benefits, are set by a statute called the Statutory Accident Benefit Schedule. Many other laws regulate auto accident compensation and any legal action taken. Although No Fault systems are supposed to simplify things after an auto accident, the Canadian No Fault system is extremely complex.
If you were in a car accident and were not responsible for it happening, you can bring a suit against the person who was responsible in your view. To do so, your injuries must be both severe and permanent. A car accident attorney can assess the situation and start collecting necessary information to build your case. To best help yourself if this were to happen, there are some things you should not to at the accident scene.
DO NOT:
1.Leave the scene. This would be a criminal act and would make the accident a "hit-and-run" incident. It would be investigated and your position would not be positive.
2.Move an injured person. Unless you have medical training and are qualified in some way, such as an EMT worker, do not try to do this, no matter how uncomfortable you might think the person looks. You could injure that person further if you move them. You have no real information about how they are already injured and an untrained or inappropriate move could worsen the injuries.
3.Apologize. Immediately after an auto accident, most people feel shaken up or worse. At this point you really don't know much about what has happened and anything you think you know is subjective. You may have a guilty feeling as if you caused the accident, but that could be quite wrong. If anyone else involved in the accident has severe and permanent injuries and later hires an auto accident lawyer to sue you, your statements at the scene of the accident will be used against you.
4.Converse with others. Along the same lines as not apologizing, it's better to refrain from any conversation with others at the scene. You need to ask for contact information from the other people involved, and from any witnesses of the accident, and you need to give your own contact information to them. Beyond that, it's better to be silent, because again, anything you say could be turned against you later.
5.Disregard police requests. Answer all questions put to you by police officers. Give them all information they ask for. Remain in whatever place they ask you to remain. Do not leave the scene before they give you permission. You can ask an officer about getting a copy of the police report, but do not try to monopolize the attention of any police officer.
Canadian law allows a person to sue for damages if their injuries are both very severe and permanent. You would need to learn more about your legal position and options. Accident law is complex in Canada and your best friend after a bad auto accident is a good auto accident lawyer.
