No one expects to get into a car accident. Yet, some 13,097 people were injured in accidents on Alberta roads in 2021. The moments after the impact can be disorientating, stressful, and painful in many cases. Your next steps are crucial for protecting your health and could also greatly impact your insurance claim and the compensation you receive.
In this post, we will explore 5 steps you should take after a car accident in Alberta to comply with the law and safeguard your legal rights. We will also learn why it is crucial to work with an experienced Alberta car accident lawyer to give yourself the best chance of securing maximum compensation after a car crash.
1. Stop and Consider Calling 911
Under Alberta law, leaving the scene of an accident could result in demerit points or even a criminal prosecution. So the first thing to do, no matter how you feel, is to stay where you are. You can only leave when you have exchanged information.
Next, assess whether you need to call 911. You should always call 911 if someone is seriously injured or if you suspect another driver has broken the Criminal Code, such as through impaired driving.
Calling 911 can get you rapid assistance from an ambulance and the police.
Medical help
After any car accident, it is vital to seek immediate medical help. After a car crash, adrenaline pumps through our bodies. In some cases, this can mask pain.
Also, some personal injuries, including serious conditions such as traumatic brain injuries (TBIs) and internal bleeding, may not cause any immediate symptoms but could be life-threatening later. Medical professionals are trained to spot the symptoms of these and other hidden conditions and help you access appropriate medical care.
Seeking medical help right away also has other benefits:
- Demonstrates a commitment to recovering as quickly as possible, showing that you are not trying to make the most of your injuries to increase your insurance claim
- Creates medical documentation that could assist your claim for compensation
- Gives you peace of mind and means you do not have to worry about medical conditions from your accident arising later for which you cannot claim
Police presence
It is a requirement to call the police after an Alberta car accident if one or more of the following is true:
- Anyone is injured
- Any of the drivers does not have his or her driving license, registration, or insurance
- One or more of the vehicles involved is not drivable
If the combined damage to all the vehicles will cost $5000 or more to repair, the drivers must also go to a police station and file an Alberta Collision Report Form. Vehicles involved in reported accidents are issued with a damage sticker, which authorizes an auto body shop to make repairs in excess of $5000.
There is an additional benefit to having the police attend the accident scene. Tensions can run high after a car accident in Alberta. The police can provide a reassuring presence, helping all parties involved remain calm. The officer will speak to everyone, recording each person’s details and version of events.
The police will create a police report, which you will need to start your insurance claim. Drivers can obtain a free copy of the report from the Government of Alberta’s Online Collision Report System. The police report could also be an important piece of evidence if you work with a car accident lawyer to pursue compensation after your car accident.
2. Get to Safety
That being said, secondary accidents can occur when vehicles are stranded in the middle of the road. The Government of Alberta website advises that if your vehicle is driveable, no one is seriously injured, and it is safe to do so, move your vehicle to the side of the road.
Alert other drivers using your hazard lights or other measures such as:
- Cones
- Flares
- Warning triangles
If you fail to take this step and your vehicle sustains further damage, you may struggle to get your insurance company to pay compensation. However, if you suspect the other driver is drunk, do not ask him or her to drive.
3. Gather Information
It is a good idea to keep a printed copy of the Alberta Summary and Collision Worksheet Form in the glovebox of your car at all times, along with a pen. This form includes a section entitled: “Recommended Information to Collect After a Collision.”
Information to gather
The worksheet form is not a legal document, but it can help you gather important information, including:
- Driver’s name, address, and contact details
- Driver’s licence number
- Licence plate number of all vehicles involved
- Insurance information
- Witness contact information
- Attending police officers’ details
- Description of the collision
- Weather conditions
This information could benefit you later as you complete insurance paperwork or pursue a legal claim with the help of a car accident lawyer.
Photographs and videos
Additionally, if you are able, take photographs and videos at the accident scene.
Try to capture:
- Weather conditions
- State of the road
- Vehicle damage
- Close-ups and wide shots of the accident scene, including traffic signs
- Any debris, skid marks, or other evidence from the accident on the road
- Your injuries
- Any property damage related to the accident
A word of warning
When tensions run high, we may be tempted to smooth things over and defuse the situation.
However, your insurance claim could be affected if you do any of the following:
- Admit that you were responsible for the crash
- Agree to forget about it
- Promise to pay for damages
- Accept money for your injuries/vehicle damage
It is better to keep quiet and refuse to be drawn into discussions about the accident. Let your insurance company and car accident lawyer determine liability and compensation.
4. Contact Your Insurance Company
Generally, you have 30 days to report your accident to your insurance company, but always check your policy first. It is important to be open and honest with your insurer to avoid invalidating your claim.
You need to tell your insurance company:
- What happened in the accident
- Any injuries you or your passengers sustained
- The damage to your vehicle and/or other property
If you talk to your insurance company by phone, the Government of Alberta recommends that you follow up with a letter. However, be very careful in your communications with them. The insurance company may be very friendly and seem supportive, but in reality, they may use the things you tell them to try to reduce or deny your claim later.
The wisest course is to talk to a qualified and experienced Alberta car accident lawyer to get advice on how to handle the insurance company while protecting your legal rights.
5. Talk to a Car Accident Lawyer
After a car accident, you cannot rely on an insurance company to give you a fair settlement for your personal injuries. Ultimately, insurance companies are mainly interested in their bottom lines, whereas car accident lawyers care about getting the best possible settlement for their clients.
A car accident lawyer can help you seek justice in several ways:
- Gathering evidence: Your lawyer can build a strong case by gathering evidence to prove liability and damages
- Negotiating with the at-fault driver’s insurance company: Your car accident lawyer will fight hard during negotiations to get you the best possible settlement
- Representing you in court: If it is not possible to settle out of court, a car accident lawyer can fight for fair damages in the courtroom
However, when choosing a car accident lawyer to represent you, make sure the lawyer has a strong knowledge of Alberta law and an excellent record of securing outstanding results for his or her clients.
Trust Grover Law Firm With Your Alberta Car Accident Case
Every car accident is unique, and victims need an advocate who will fight for their rights and no one else’s. The effects of a car crash may be felt for years, so it is vital to work with a lawyer who will explore the full extent of your injuries while also investigating who was liable for your accident.
The legal team at Grover Law Firm has over 20 years of experience in fighting and winning for Alberta car accident victims. We have recovered over $100 million for our clients. In one car accident case, we secured a settlement of $1.1 million for a client whose claim was previously denied by the insurance company.
Are you ready to discover what your car accident claim could be worth? Schedule a free consultation with a compassionate car accident lawyer by calling (403) 253 1029 or completing our contact form today.