Your Rights

1. For a motor vehicle accident, make sure to get the other driver’s name, licence plate number, insurance company and policy number and report the accident to the police and your insurance company. If there was a problem with the condition of the road that caused or contributed to the accident you may have to notify the government responsible for the road in writing within 10 days. If the police attend the accident they will prepare a report which includes this information. If the police do not attend, you should go to a collision reporting centre and report the accident.

For a slip and fall or trip and fall type of accident, report the accident to a person in charge of the place as soon as possible. If the accident is on a municipal roadway or sidewalk it is essential that notice in writing be given to the clerk of the municipality by registered mail, (although fax may be sufficient) within 10 days of the accident. You should try to determine what caused the accident and have a witness observe the dangerous condition and take photos if possible.

2. Seek medical attention as soon as possible, first to make sure you are OK, but also to document any injuries from the accident. Tell the doctor enough about the accident so that he or she understands how you were injured but do not get into details about fault etc. Answer the doctor’s questions.

3. In the case of a motor vehicle accident you are required to notify the claims department of your insurance company of the accident as soon as possible and at most within 30 days. Call the claims department of your company. Ask them to send you an application for no fault accident benefits. You must complete the application and all the forms within 30 days of the date of the accident if you are able to do so.

4. Be careful who you speak to, what you say and what you sign. You may receive calls or letters from two different insurance adjusters from your own company, one to deal with your property damage/collision claim and another adjuster to deal with your accident benefits claim. You may also receive a call or letter from an adjuster for the other party’s insurance company. They may ask you to provide a statement and sign an authorization for release of medical records. It is a good idea to speak to a lawyer for advice before you sign any statement that describes in detail how the accident occurred or any release of medical information. It is essential to speak to a lawyer before signing any release of your claims other than for property damage/collision claims.

5. Keep your employer advised of your medical status and when you expect to return to work, and provide documentation from a doctor if possible. As long as your employer expects you to be able to return to work in a reasonable time, your right to reasonable notice of termination is protected.

6. Find out what, if any, disability benefits and medical benefits you may be entitled to through your own employment, family members, or your own private plans and make sure you apply for those benefits.

7. If you have a potential Workers’ Compensation claim in relation to the accident, speak to a lawyer as soon as possible. It may be possible to opt out of the Workers’ Compensation system which may be beneficial to you, depending on the facts of your case.

8. Go for regular medical follow ups with a qualified physician (even if you are seeing a chiropractor or physiotherapist or other) and report your symptoms as honestly and accurately as you can without exaggerating or minimizing them. It is important to have an ongoing medical record of your problems.

9. Follow the medical advice you receive for treatment. If in doubt seek a second opinion. If you are not satisfied with the care you are receiving, don’t hesitate to ask for a referral to a specialist or for diagnostic tests.

10. Do not discuss your case or your condition with anyone other than the people mentioned above and your lawyer. Of course you cannot avoid discussing your case completely with family and friends, but avoid giving any details. DO NOT post any information about yourself or your accident on the internet or in emails (Facebook, Twitter, blog, etc.)

11. If you are receiving no fault accident benefits, co-operate with your adjuster and any person such as an occupational therapist that is sent to assist you. If they send you to their own doctor, physiotherapist, chiropractor for an assessment after a few months, this may mean that your insurer is checking to see if you still qualify for benefits, and you may want to speak to a lawyer.

12. Keep records of all expenses related to the accident and a note of the ways in which your injury affects you and your family.

13. Call us, we are here to help.