Personal Injury

What should I do if I am injured and someone else is responsible?

As a litigation Lawyer, I am often retained weeks, months or even years after a client has suffered an injury as a result of another’s negligence. Ideally, if you are injured as a result of someone else’s negligence, you should contact a Lawyer promptly to review the circumstances of the incident. I routinely meet people for a no obligation consultation to discuss matters such as liability, limitation periods and evidence that must be preserved.

At the scene of the accident, you should take several steps immediately, whether it is a motor-vehicle accident or a slip and fall, a dog bite or injury caused by a defective product:

1. Identify who is responsible (i.e. exchange of information). If possible, take photographs of obvious material damage (in the case of a motor vehicle collision, take photos of the other party’s car as well as your own);

2. Record via photographs or notes how the incident occurred (e.g. slip fall on uneven pavement); and

3. Identify and obtain contact information of any witnesses to the incident – this is crucial, as witnesses can be lost forever if not identified at the scene.

As a Lawyer representing injured people, I have found that taking these easy steps can be the difference between having a long drawn out fight about legal liability and moving to a meaningful discussion about compensation reasonably quickly.

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Three weeks ago I was at a retail store and tripped over winter matting near the entrance.  I fell and broke my wrist.  Today an Insurance adjuster called me.  He said I was responsible to look where I was walking but he offered me $5000.00 to help me out as I have been off work.  I am on sick leave and have not lost any income.  Is there any reason not to just take the money?

Plenty of Reason.  Leaving aside what happened, and what you might be entitled to recover as a result of your injuries, it is always a good idea to consult with a Lawyer before taking a settlement proposed by an insurance company.   Insurance adjusters work for Insurance companies and they do not approach a settlement based on what you are entitled to.  They offer money based on the risk of what you might receive by way of an award.  Generally, they will try and settle a claim or potential claim for as little as they reasonable can in order to close off a risk.

‍A Lawyer will work for you. Many Lawyers offer a free consultation.  I find I ask a lot of questions and do a lot of listening during a consultation.  I try to give my client an understanding of the legal issues arising in their circumstances, and what the options are going forward.

‍Assert your rights. Over the years I have come to understand that people almost always benefit from at least consulting with a Lawyer before trying to settle with an insurance company.    There is a significant imbalance between a lone individual and a huge insurance company.  A Lawyer has the knowledge to help level the playing field.  In my experience insurers will see a greater risk when dealing with an injured person who is represented by a Lawyer.  Greater risk to insurers leads to better settlements.

What if I or the other driver don't have insurance?

‍Answer: Ontario's auto insurers provide accident benefits and liability insurance. The accident benefits claim and the tort claim both work together toward covering your losses stemming from the accident. So, what happens when one of the parties involved doesn't have insurance? I've listed the most common scenarios:

A rear-ends B. A doesn't have insurance. B does have insurance:

The standard Ontario insurance policy includes coverage in-case the at-fault party is uninsured or underinsured. B's insurer would be on the hook for the accident benefits and the damages caused by the at-fault party as well (tort claim).

A strikes B (a cyclist). A has insurance. B doesn't have insurance:

In this case, it's up to A's insurer to provide both accident benefits in addition to compensation for the damages caused by A.

A is a pedestrian struck by driver B. A is injured. Neither A nor B have insurance:

In this circumstance, plaintiffs turn to the Motor Vehicle Accident Claims Fund. The fund may provide:

• Accident benefits
• Death and funeral benefits
• Compensation for personal injury or property damage (except for vehicles)

Although the fund does not work exactly like an insurer, it does provide a safety net for injured parties with no accessible insurance policy.

Resources:

• https://www.ontario.ca/laws/statute/90i08
• https://www.ontario.ca/laws/regulation/100034

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