While obviously it may seem a bit self-serving to advise people to call a
lawyer after a motor vehicle collision, in my experience, it seems that many
people are unaware of their legal rights, and what is involved in the
initial stages if they are injured.
The first thing you need to worry about is getting better. This may seem
simple, but it does carry responsibilities. You should follow up on all
treatment that is recommended for you, and see your family doctor regularly
to review your injuries and discuss your treatment. You should also attend
any physiotherapy, massage, chiropractic, or other therapeutic appointments
that are made for you. It is important to your health, and your case. You do
not want to be in the position of having to explain why your claim should
not be reduced because you didn't follow through on treatment advice.
In accidents of any significance, the RCMP will attend the scene, and will
take notes and make a report. This information can be extremely valuable,
particularly because it comes from neutral third-party professionals. Even
so, if you (or someone you know if you are too injured to do it yourself)
are able to take photos and make notes of what took place, you should do so.
Ice will melt, guardrails can be replaced, and memories fade even over a few
weeks or months. If there is any question as to who was at fault, you want
to be armed with as much evidence as possible of what actually took place.
While one of the important first steps you should take is to immediately
contact your own insurer (if you have insurance) we usually advise clients
not to meet with the adjuster for the defendant insurance company dealing
with the claim until the claim is reviewed and you have legal advice. The
adjuster for the defendant company will typically attempt to contact the
injured party and obtain a statement. Sometimes they will make a (small …
always) offer to settle if they see that their driver is at fault.
In Nova Scotia, generally you can sue the driver responsible for the
accident, and have the appropriate insurance company respond to the claim.
In fact, you can still sue the negligent driver even if you or a family
member is partly responsible for the accident. Suing a family member is
something most people would like to avoid doing in their lifetime, but in a
motor vehicle situation it is generally not so bad, as you deal almost
exclusively with the insurance company, rather than the named defendant.
If the other driver has no insurance, or you are involved in a hit and run,
the law says that you can then sue your own insurance company for damages.
Most people have insurance limits of $500,000 for this purpose under their
standard auto policy.
Regardless of who was at fault for the collision, the insurance company for
the vehicle that you were in is responsible to make "Section B" payments to
you. This means payments for medical, rehabilitation, and loss of income
payments. While the loss of income payments usually fall well short of what
your actual loss would be if you are completely unable to work, these
Section B benefits do provide early financial relief, particularly for
coverage of medical treatment.
While not an initial step, it is also important to know that there are time
limits to making a claim. Generally, you have three years from the date of
the accident to sue the at fault driver for your injuries. (This can be
extended under certain special circumstances.) Your lawyer will carefully
monitor the limitation period to ensure that documents are filed in court,
and that your claim is secure. (Filing documents in court does not mean that
your case will necessarily go to trial, but it is important to have the
option available if negotiations fail.)
Taking the proper steps immediately following the collision, and in the
early days afterwards, greatly increases the chances of a successful claim.
It also greatly increases the chance of your claim being settled with the
insurance company without requiring a trial.
