{"id":13046,"date":"2023-09-01T10:53:25","date_gmt":"2023-09-01T10:53:25","guid":{"rendered":"https:\/\/diamondlaw.ca\/?p=13046"},"modified":"2023-09-05T13:26:52","modified_gmt":"2023-09-05T13:26:52","slug":"car-accident-lawsuits-in-canadian-provinces-exploring-legal-procedures-and-rights","status":"publish","type":"post","link":"https:\/\/diamondlaw.ca\/car-accident-lawsuits-in-canadian-provinces-exploring-legal-procedures-and-rights\/","title":{"rendered":"Car Accident Lawsuits in Canadian Provinces: Exploring Legal Procedures and Rights"},"content":{"rendered":"

With <\/span>1,066,180 kilometres of road<\/span><\/a> as of 2018, Canada is the second largest country in the world. Due to the vast infrastructure, most people drive in the country, which is why there were<\/span> <\/span>26.2 million registered vehicles<\/span><\/a> in 2021.\u00a0<\/span><\/p>\n

This also means that car accidents are inevitable. In 2021, there were<\/span> <\/span>108,018 incidents resulting in minor to severe injuries<\/span><\/a>. Statistically, that\u2019s not a very high number, but being involved in an accident can be life changing, especially for the 8,185 people who sustained serious injuries.<\/span><\/p>\n

If you were involved in a car accident and suffered serious injuries, what should you do? Your instinct might be to call a<\/span> <\/span>car accident lawyer<\/span><\/a>. However, there is a process you must follow and obligations that you must meet.<\/span><\/p>\n

While the rules may vary from one province to another, there are a few common principles that you need to follow. Below, we\u2019ve listed a guide to the legal procedures and your rights regarding car accident lawsuits across Canadian provinces.\u00a0\u00a0<\/span><\/p>\n

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Key Takeaways<\/b><\/p>\n

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  • Car accident lawsuits in Canadian provinces generally follow the same processes across Canada, which try to protect the same rights.<\/span><\/li>\n
  • Each region has slightly different laws, making it challenging for non-lawyers to navigate the legal system.<\/span><\/li>\n
  • An experienced personal injury lawyer in the relevant region can make sure that claims and civil actions are filed in a timely manner.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

    Your Legal Obligations<\/b><\/h2>\n

    Whether a car accident involves property damage, injury, or death, it generally has legal implications. If you\u2019re involved in a car accident, one way to safeguard your rights is by making sure that you meet your obligations.<\/span><\/p>\n

    Stay put<\/b><\/h3>\n

    You should never leave the scene of an accident. If you are rear-ended, you might need to drive a bit farther before you can stop. That’s okay. The point of impact to where you finally end up stopping is the scene of the accident. Stay where you are until all the legal formalities are over.<\/span><\/p>\n

    Fleeing the scene of an accident is a crime in Canada under<\/span> <\/span>section 320.16 (1)<\/span><\/a> of the <\/span>Criminal Code<\/span><\/i>. It may also be an offence under provincial legislation, such as under <\/span>section 200<\/span><\/a> of Ontario\u2019s Highway Traffic Act.\u00a0<\/span><\/p>\n

    Section 69(1)<\/span> <\/span><\/i>of Alberta\u2019s<\/span> <\/span><\/i>Traffic Safety Act<\/span><\/i><\/a> stipulates the following:<\/span><\/p>\n

    \u00a0“<\/span><\/i>Where an accident in which a vehicle is involved occurs on a highway, the driver or other person in charge of any vehicle that was directly or indirectly involved in the accident shall\u00a0<\/span><\/p>\n

    (a) remain at the scene of the accident or, if the person has left the scene of the accident, immediately return to the scene of the accident unless otherwise directed by a peace officer.”<\/span><\/p>\n

    Most provinces and territories will have similar language for dealing with car accidents in Canada.<\/span><\/p>\n

    Render assistance<\/b><\/h3>\n

    Another general duty of persons involved in an accident is to make sure that everyone is safe. Check for injuries and call for an ambulance when necessary.<\/span><\/p>\n

    You shouldn\u2019t move an injured person unless you can do so safely or it\u2019s absolutely required. For example, if you\u2019re a doctor and can render professional medical assistance, or the injured party is in a burning car, you can perhaps move the injured person.<\/span><\/p>\n

    It\u2019s very important to warn oncoming traffic in order to prevent more accidents. If available, put on hazard lights or set out reflective triangles a few meters from the scene of the accident.<\/span><\/p>\n

    Report the collision<\/b><\/h3>\n

    You must report a car collision, but not necessarily to the police. The police will come only if the incident involves a hit-and-run, cyclist, pedestrian, injury, death, or property damage of a certain amount. In Ontario and Alberta, the threshold for property damage is over $2,000. For everywhere else, including Quebec, it\u2019s $1,000.<\/span><\/p>\n

    There are exceptions to the property damage threshold, such as property damage to a third party, like someone’s lawn or a guardrail.\u00a0<\/span><\/p>\n

    You must also call the police if the accident involves a crime, such as drunk driving or transporting dangerous goods. The police will also respond to accidents between 11 pm and 6 am, when any vehicle is not drivable.<\/span><\/p>\n

    When you call the police, you may have to wait for them to arrive at the scene unless they tell you to go to a<\/span> <\/span>Collision Reporting Centre<\/span><\/a>. In either case, the police will generate an accident report, which you can use for insurance claims or a car accident lawsuit.<\/span><\/p>\n

    For accidents that only result in vehicular damage, you must bring the vehicle to a Collision Reporting Centre within 24 hours. However, you have up to 48 hours if the accident happens on the weekend and the centre is closed.\u00a0<\/span><\/p>\n

    Make sure to exchange information with the other parties involved in the accident, including getting their names and insurance information.<\/span><\/p>\n

    At the centre, your vehicle will undergo inspection and the damage will be documented. The centre will also help you fill out a police report, and they\u2019ll send it to your insurance company unless you request otherwise.<\/span><\/p>\n

    Inform the insurance company<\/b><\/h3>\n

    You should always report an accident to the insurance company. Canadian drivers must always carry proof of insurance, so the contact information should be at hand.<\/span><\/p>\n

    While it\u2019s best to report any accident as soon as possible, you must do so within 72 hours. Carry a soft copy of the<\/span> <\/span>Incident Report Form sample<\/span><\/a> from the Insurance Bureau of Canada with you. It can help you collect the critical details you need, such as names, contact information, vehicle ownership, and insurance details.<\/span><\/p>\n

    Keep in mind that any accident you report to your insurance company will be counted against you if you\u2019re even partially at fault. This means that even if you pay for everything yourself, your monthly premium will likely increase. This is why most people prefer not to report minor accidents to their insurance company.\u00a0<\/span><\/p>\n

    You must nevertheless collect the at-fault driver’s insurance information if you\u2019re the injured party. Your insurance company will require it for your claim.<\/span><\/p>\n

    If, however, you\u2019re the one at fault and you didn’t report it to your insurer, chances are that the other party will. This can land you in some trouble, as your insurance company might cancel your policy or refuse to renew it.<\/span><\/p>\n