What NOT to do After a Car Accident in Ontario

Getting into a car accident is not something that anyone plans or prepares for. Even if injuries or vehicle damage are minor, an accident is disruptive, time-consuming, stressful, and often downright scary. Knowing what to do can be challenging, and in the heat of the moment, you might make decisions that are against your interests and could impact a later claim should you be required to bring one.

The following is a brief guide about what not to do if you have been involved in a motor vehicle accident in Ontario. At Preszler Injury Lawyers, our experienced Toronto car accident lawyers frequently help clients navigate their rights and their options immediately following a collision. For more information about how we may be able to help you, contact us today.

1. Failing to Contact Emergency Services

Even if the accident doesn’t appear significant at first, you should still carefully consider whether to contact emergency services. Is anyone injured? Is there any vehicle damage? Is there a question about who is to blame for the accident?

If the answer to any of these questions is yes, assistance from police, fire, or paramedics is likely required. The 911 operator you call can guide you through the initial steps to be taken after the accident.

2. Waiting to Seek Medical Attention

For apparent injuries after a serious crash, it will be obvious that you should seek medical attention right away. However, after smaller accidents, it may seem like a step that can be delayed or avoided. You should take note of any medical issues and make efforts to report them to a hospital, doctor, or other medical practitioner as soon as you are able to.

Even if the injuries you have sustained appear to be minor at first, it is still important to speak to a medical practitioner. Minor injuries often progress into more serious ones, and this early documentation can be crucial for the diagnosis of later symptoms.

For concussions, more pronounced symptoms sometimes do not appear for several days. Early reporting to a doctor will allow the proper questions to be asked, which could lead to early diagnosis, proper treatment, and earlier symptom resolution.

3. Waiting to Contact Your Insurance Company

If there is any possibility that you will be claiming benefits, the law requires that you report an accident to your insurance company within seven days of it taking place. This is outlined in section 32 of the Statutory Accident Benefits Schedule, O. Reg 34/10:

Notice to insurer and application for benefits 32. (1): “A person who intends to apply for one or more benefits described in this Regulation shall notify the insurer of his or her intention no later than the seventh day after the circumstances arose that give rise to the entitlement to the benefit, or as soon as practicable after that day”.

A report to your insurance company should be made regardless of who is at fault, whether or not there are other vehicles involved (single vehicle accident), and if vehicle damage or injuries are minimal. The sooner the accident is reported, the sooner you can access and begin to receive treatment and/or earnings benefits. If you wait to apply, there could be a delay in receiving those benefits.

4. Leaving the Accident Scene

Under no circumstances should you leave the scene of the accident without taking the time to ensure that you have fulfilled all of your legal obligations. If you leave the scene without exchanging information with the other driver(s) or contacting emergency services, you are breaking the law.

The Ontario Highway Traffic Act stipulates your obligations at the scene of a collision or car accident.

Duty of person in charge of vehicle in case of accident 200 (1): Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

• remain at or immediately return to the scene of the accident;

• render all possible assistance; and

• upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.  

R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16

5. Failing to Carefully Document Evidence Promptly

Do not delay in seeking out and preserving any evidence relating to an accident. You cannot count on the police or your insurance company to conduct a thorough investigation on your behalf. You should complete the following as soon as practically possible:

• Make notes of everything that you remember.
• Ask for names and contact information of anyone at the scene, including the other driver(s) and witnesses.
• Take photos of the scene, including signage, lane markings, damage to the involved vehicles, their positions on the road (ideally before they are moved), skid marks, debris, or any other environmental factors. Photos can also be useful for recording driver’s licence and insurance information.
• Preserve dashcam footage. Ask those at the scene if they have footage.
• Seek out other videos that may exist of the accident. Inquire with the municipality if there are traffic cameras. Check with nearby businesses or homes.
• If you are unable to do so, ask a family member or friend to complete these steps on your behalf.

6. Posting on Social Media

Anything posted on social media may be disclosed in a lawsuit at a later date. If posts are made quickly after an accident, the information will probably be incomplete. Posts made may contain evidence of action/inaction, or early symptoms that could be used later in a lawsuit. This information could be used for liability findings as well as the diagnosis of injuries like a concussion.

Emotionally driven social media posts could also significantly prejudice your case. Limit conversations about the accident to family and close friends and ensure that all important discussions take place offline.

7. Waiting to Seek a Legal Opinion

Waiting to contact a lawyer to discuss your accident could be detrimental. Every accident is different, and time may be of the essence to preserve information or make inquiries. There are also deadlines for notice periods and other requirements to ensure that your rights are preserved.

There is no obligation to retain a lawyer if a phone call is made for information. Reach out to Preszler Injury Lawyers if you have questions about any of the above.

Injured in a Car Accident in Ontario? Contact Preszler Injury Lawyers Today

In many cases, knowing what to avoid after an accident can be just as important as knowing what to do. Many actions accident victims take can unknowingly harm their claim and right to compensation in the future.

At Preszler Injury Lawyers, our personal injury lawyers help clients navigate the aftermath of their collision with confidence. Schedule a free consultation today to find out whether you may be eligible for compensation.

We’re here to help.