Kevin Marshall
January 22, 2025
In weeks past, I have addressed the purchase of auto insurance - the basics, policy exclusions and limitations, and choosing among insurers and renewing your auto insurance policy. But one crucial topic remains:
What do you need to do if you get in an accident?
Here are the steps you need to take to advance an auto insurance claim:
1. Prioritize Safety: Move vehicles to a safe location if possible, and as soon as possible. Check for injuries. Call emergency services if needed.
2. Exchange Information: Exchange contact and insurance information with the other involved parties. Obtain their names, addresses, phone numbers, insurance company details, and vehicle information.
3. Report to the Police: If there are injuries, or considerable property damage, or unfortunate death(s), report the accident to the police. Obtain a copy of the Motor Vehicle Accident report from the Police.
4. Document the Scene:
Photos and Notes: Take photos of the accident scene, including vehicle damage, license plates, road conditions, and any relevant signage. Make notes about weather conditions and witness contact information.
Witness Information: If there are witnesses, obtain their contact information and ask for statements if possible. Do so as soon as possible since memories fade over time.
Keep a Journal: When you have a moment to yourself, document your recollection of events, conversations, and any subsequent developments.
5. Seek Medical Attention: Even if injuries seem minor, seek medical attention promptly. This will be crucial for both your health and any potential injury claims.
6. Notify Your Insurance Company: Report the accident to your insurance company as soon as possible, even if you are not at fault. Provide accurate details.
7. Work with Insurance Adjusters:
Claims Adjuster Assignment: Your auto insurance company will assign a claims adjuster to your case. Provide the adjuster with all necessary information and documentation.
Cooperate (but be wary): Cooperate with both your insurance adjuster and the adjuster representing the other party, if applicable. But do not be afraid to protect your own interests if you believe the insurer is prioritizing itself.
8. Collect Official Reports:
Obtain Repair Estimates: Obtain vehicle damage repair estimates for your vehicle. This information will be useful during the claims process. Retain Receipts: Keep records of all related expenses, including medical bills, prescriptions, and transportation costs.
9. Medical Records and Expenses: Share medical records and bills with your insurance adjuster to support injury claims. Claim for as much reimbursement as your policy allows.
10. Settlement Negotiation:
Understand the Process: Your insurer regards your claim (and possible settlement) mainly or exclusively through the lens of cost: For the insurer, the less paid the better. Take appropriate precautions to ensure you receive more than what the insurer is initially prepared to offer.
Negotiation: Work with your adjuster to negotiate a fair settlement. Be prepared to provide evidence and documentation supporting your claims.
Mediation or Arbitration: If a resolution is not reached through negotiation, mediation or arbitration may be suggested. This is a formal process to resolve disputes without going to court.
11. Legal Action: If the dispute remains unresolved, legal action may be necessary. Consult with a lawyer to explore your options.
12. Observe the limitation period: In Ontario, all MVA plaintiffs only have 2 years less a day from the date of the accident to start a lawsuit.
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It is crucial to be thorough in documenting and gathering evidence after an accident. This information serves as the foundation for your insurance claim and can significantly impact the outcome of the process. If you have any concerns or questions, consider seeking legal advice through a lawyer to ensure you navigate the claims process effectively.
