Car accidents can happen unexpectedly, and when they do, the aftermath can be life-altering, especially for those who have sustained serious injuries. If you have been hurt in a motor vehicle accident, then you know how quickly navigating the claims process can become overwhelming. From seeking medical attention for personal injuries to filing insurance claims and understanding your rights, there are many steps involved.
At Grover Law Firm, we understand that a car accident can upend your life in an instant. As a leading personal injury firm in Calgary, we are here to ensure that you don’t go through this journey alone. Understanding the process of car accident claims and navigating local regulations can significantly impact the outcome of a claim.
That is why our experienced team is committed to guiding you every step of the way, protecting your rights, and working hard to secure the compensation you deserve. This article is designed to help you make informed decisions after a motor vehicle accident. We will explore what injured victims need to know about filing car accident claims in Calgary.
A Guide to Car Accident Claims in Calgary
Car accident claims in Calgary can seem complex, especially for first-time claimants. When an accident occurs, victims must carefully document the event and begin the insurance claims process promptly.
Car accident claims are a means by which victims can seek compensation for damages and personal injuries sustained in a motor vehicle accident. Understanding the steps to file a claim is essential.
Motor vehicle accident victims should first focus on their safety and the safety of others at the collision scene. If it is safe, turn on hazard lights and stay near the vehicle until emergency services arrive. Then, if possible, you should take the following steps.
Documenting the Collision Scene Is a Key Step to Building an Injury Claim
Once you ensure everyone’s safety after a motor vehicle accident, the next step is to gather detailed information about the collision scene. To properly document the collision scene, begin by taking photos of the other vehicle, your own vehicle, and the surroundings. For an accurate record of the accident, take multiple photos of the collision scene and other vehicles involved.
Capture the damage from various angles and any visible injuries sustained by individuals involved in the accident. Visual documentation strengthens your claim and helps insurance adjusters assess the extent of the property damage and personal injuries.
For your personal records, it is equally important to draft a written statement about the accident. Describe the sequence of events. This statement serves as an additional point of reference that can support your claims and memory in case any claim adjuster or lawyer should review it.
Document details such as the licence plate number, insurance details, and driver description to verify identities later. When exchanging information, note any safety concerns that may be relevant, such as whether the other driver appeared to be distracted, seemed intoxicated, or engaged in any behaviour that could affect the insurance claim. Additionally, gather the names and contact information of any witnesses who saw the accident, as their testimonies can help establish fault and support your claim.
Victims should ensure that all information is provided by the other involved drivers if they are cooperative. In cases where the other party is reluctant, mention the need for insurance and legal compliance as required by Alberta law. If possible, request the police report number so that all necessary details can be tracked and verified later at a police station.
Contact Emergency Services Immediately and File a Police Report
In the event of a car accident, contacting emergency services is a top priority. A police officer who reports to the scene will document the collision scene, provide safety advice, and assist victims in gathering relevant driver information.
If you or any involved party suffered injuries, a fatality occurred, or there were over $5,000 in damages, you must contact law enforcement right away. Additionally, if a hit-and-run has occurred or your car has been rendered undrivable, Calgary requires you to contact the police.
Once the officers arrive, they will assess the scene, collect details from witnesses, and record pertinent details about both parties involved. The police report can help ensure that the insurance company understands the full scope of the incident by supporting your claim for damages and injuries.
This report becomes essential for the claims process, as it provides an official record of the collision that can clarify liability. To complete a police report, you will need to share your driver’s licence, licence plate number, and contact information.
In cases where the other driver has committed a criminal offence, such as impaired or reckless driving, the police report may also serve as evidence in court. Furthermore, if injuries result in long-term consequences or disability benefits eligibility, the police report will reinforce the severity of the incident.
Navigating Alberta’s Minor Injury Regulation (MIR)
In Alberta, the Minor Injury Regulation (MIR) impacts how certain injuries are classified and compensated in motor vehicle accidents. Introduced to streamline the process of car accident claims in Calgary, the MIR caps compensation for minor injuries such as whiplash-associated disorder. However, victims with serious injuries that fall outside of this category, like broken bones or traumatic brain injuries, may be eligible for significantly higher compensation amounts.
To qualify for coverage beyond the MIR cap, victims must provide extensive medical documentation demonstrating the severity of their personal injuries. Working closely with medical professionals and personal injury lawyers can help injured victims navigate the MIR requirements and assess whether their injuries qualify as minor or severe.
Exercise Caution When Communicating With Insurance Companies
Once an accident claim is filed, a claims adjuster from the insurance company will investigate the accident details. Insurance companies in Canada are legally obligated to conduct fair investigations, but it’s essential to remember that insurers are primarily focused on minimizing payout amounts.
Talking to an insurance adjuster without the guidance of a seasoned lawyer can only negatively impact your case. Adjusters are skilled at getting information out of you that can be used to lower a victim’s settlement or dent his or her claim.
If you must speak directly to an adjuster, you should consult a personal injury lawyer first. Next, when speaking with the adjuster, you should avoid providing excessive or speculative information. Instead, you should stick to clear, factual statements supported by the collision report.
In cases involving the other driver’s insurance company, maintain an extremely cautious approach. While it is common to discuss coverage and liability, refrain from admitting fault or providing detailed medical histories unless directed by your lawyer.
Many Calgary personal injury lawyers recommend that victims consult a lawyer before engaging with insurance companies directly. Legal professionals can guide you through protecting your rights and negotiating the best possible settlement for your injury claim.
Accident Resources and Disability Benefits
Following a car accident, victims in Calgary may be eligible for accident benefits through their driver’s insurance company. These benefits cover medical expenses, income replacement, and support for serious injuries.
If the accident leaves a victim unable to work, disability benefits may be available to help cover lost wages. These benefits can play an important role in alleviating financial strain during recovery, giving injured victims the peace of mind to focus on their health.
Applications for disability benefits require thorough documentation, including medical records, a physician’s statement, and evidence of the injury’s impact on your ability to work. Additionally, your insurance claim for accident benefits may include coverage for treatments like physiotherapy, chiropractic care, or mental health support services – all essential for the healing journey of injured victims.
For those who have experienced an especially tragic or fatal traffic accident, victim support services offer helpful resources for individuals coping with the painful aftermath. These provisions are often provided automatically and aim to help victims cope with emotional and legal challenges following an accident.
Such victim services offer compassionate care and essential information that can ease the burden of dealing with insurance companies, medical providers, and legal procedures. These services can play a pivotal role in empowering victims during their recovery journey.
Taking advantage of such services as soon as possible can ensure additional documentation that can help support your injury claim.
Choosing Auto Body Shops for Vehicle Repairs
After an accident, arranging for vehicle repairs is a top priority for most victims before filing a claim. The other driver’s insurance company or your own insurance company may provide recommendations for auto body shops in Calgary. However, you have the right to choose your own repair shop.
Selecting a reliable repair shop with experienced mechanics ensures your vehicle is safely and properly restored to pre-accident condition. Some auto body shops offer warranties and conduct thorough inspections to ensure the vehicle is restored to a safe, drivable condition.
You may want to request a quote from multiple repair shops to assess costs and confirm that any repairs completed will meet the standards of your insurance company. A reputable repair shop will provide a transparent cost estimate and keep you updated on the repair process, from parts ordering to a final quality inspection, ensuring your own vehicle is fully restored for safe travel.
Understanding Demerit Points and Legal Consequences
When a motor vehicle accident is caused by negligent or dangerous driving, demerit points may be added to the at-fault driver’s record. In Alberta, accumulating demerit points can lead to licence suspension, fines, or an increase in insurance premiums. This is particularly important for victims who have sustained injuries and wish to pursue compensation, as proof of the other driver’s fault can impact the outcome of their injury claim.
The claims process becomes more complex in situations involving demerit points or a criminal offence. In such cases, victims may wish to pursue legal action, and consulting a support person or lawyer can provide clarity and guidance. For serious incidents, the driver may face additional charges in court, potentially impacting the settlement process for the injured party.
Victims should be aware of the potential consequences for the other driver if they were negligent or engaged in illegal activities. A free consultation with a lawyer can help victims better understand the potential for legal consequences against an offender and whether this could influence the claims process for serious injury cases.
Your Rights If the Other Driver Committed a Criminal Offence
When a criminal offence leads to a serious accident, the offending driver may face legal repercussions, including imprisonment. In such instances, victims have the right to stay informed about the offender’s parole hearings, temporary absences, and review dates. Alberta’s parole board and correctional service provide updates to victims upon request, offering support throughout the parole and release processes.
The parole board will also consider safety concerns raised by the victims when making decisions on conditional release or statutory release. This ensures that conditions attached to the offender’s release protect the public and respect the victim’s need for closure.
Staying informed about these legal procedures can help victims feel more secure, knowing they are actively participating in the justice system.
Let Us Help You Seek the Justice and Settlement You Deserve
Car accident claims in Calgary require a comprehensive approach, encompassing everything from documentation at the collision scene to understanding the claims process. If you have been injured in a car accident, you don’t have to navigate the complex claims process alone.
At Grover Law Firm, we are dedicated to supporting Calgary victims through every stage of their recovery, from filing a claim to pursuing justice in court if needed. By offering a free consultation, we empower victims to take the first step toward securing compensation for their personal injuries and losses.
Our compassionate team is here to listen, advise, and advocate on your behalf. Whether your condition falls under the Minor Injury Regulation or involves more serious injuries, we have the knowledge and experience needed to guide you through this journey.
A free consultation allows you to discuss your case, ask questions, and gain insight into how the insurance claim process works. Contact us today to learn more about your legal options.