If you were in a car accident, you have a right to collect Accident Benefits from your auto insurance policy. You can collect these regardless of who caused the accident. But do not believe that the insurance company will willingly provide you with all of the compensation that you are due.
To collect the Accident Benefits and third-party claim benefits (if another driver caused the wreck), you need to follow the right process, present the right evidence and documents, and thoroughly review all settlement offers.
A Peterborough car accident lawyer can help injured people protect their rights to compensation after a serious car accident. Contact an injury lawyer to begin mounting a case to help argue a successful outcome.
Our car accident lawyers can meet with you in Peterborough for a free initial consultation. Call (416) 364-2000
What to Expect from an Insurance Adjuster
The insurance adjuster will offer you a settlement. Know that this first settlement offer usually does not account for all of the benefits you deserve under Ontario law or the terms of your policy. Review your policy and talk to a Peterborough car accident lawyer about any settlement offer you receive from the insurer.
When a lawyer evaluates settlement offers, they will look at the circumstances of the accident, the terms of your policy, and any evidence that is available to make sure the insurer is offering a fair amount.
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Gathering Evidence
It is important to go to the doctor after your accident, even if you do not feel injured. Follow your doctor’s orders as well. Establishing a history of your injuries will be important to prove that you suffered injuries, as well as to help establish that you are entitled to benefits.
For example, the severity of your injuries may affect the medical and rehabilitation benefits you receive, and a thorough medical history is important to establish injury severity.
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Proving Fault
You will need to prove fault if you are filing a third-party claim. While Accident Benefits provide compensation regardless of fault, if you are pursuing a third-party claim because another driver caused the accident, then you need to prove fault.
A Peterborough car accident attorney will work with accident reconstruction experts, review evidence from the scene, request the policy report, and pursue all other evidence that is available to help you build your case and establish liability. This means proving the other driver was negligent, the other driver caused the accident, and you suffered injuries and damages.
If your third-party claim is successful, you may be able to recover compensation in addition to what is available under your Accident Benefits coverage.
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Value of a Claim
The value of your case depends on the details, including who caused the accident. If you are to blame, then you can file a claim for Accident Benefits, but not a third-party claim. Accident Benefits may include:
- Medical and rehabilitation benefits
- Attendant care benefits
- Caregiver benefits
- Non-earner benefits
- Income replacement benefits
If the other driver caused the accident, you can file for Accident Benefits as well as a third-party claim. If you can successfully prove the other driver is liable for your accident, you may be able to recover compensation for your full medical benefits and lost wages, as well as pain and suffering damages.
A Peterborough auto accident lawyer will work with expert witnesses, collect documentation of your lost wages, and fight for fair pain and suffering compensation to prove your case’s value.
Proceeding to Court
A Peterborough car accident lawyer will work diligently to negotiate a fair settlement with the insurance company to avoid going to court. In many cases, car accident claims settle outside of the courtroom. But in other cases, the insurance company refuses to play fair. They may delay your settlement, offer lowball settlements, or unfairly deny your claim. In these cases, a lawyer will take your case to court to pursue fair compensation.
A lawyer will start preparing your case as if they are going to court right from the start so that if we need to go through the court system, they are ready. A Peterborough car accident attorney will work with expert witnesses who can testify about the cause of your accident and/or the severity and prognosis of your injuries.
An investigation of your accident will help a lawyer uncover key evidence that demonstrates the details of your accident and your injuries so they can build a solid case to negotiate with the insurance company or take to court.
Contacting a Lawyer
A Peterborough car accident lawyer wants to help you get the compensation you deserve. Do not let a car accident that another person caused ruin your life and put a financial burden on you and your family. Contact a lawyer today to begin building a case to help receive the compensation you deserve.
Call or text (416) 364-2000 or complete a Free Case Evaluation form