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I HAVE BEEN INJURED IN AN ACCIDENT.
WHAT SHOULD I DO TO PROTECT MY RIGHTS?
 1. For a motor vehicle accident, make sure to get the
other driver’s name, license plate number, insurance company and policy
number and report the accident. If the police attend the accident they
will prepare a report which includes this information. If the police do
not attend, you should go to a collision reporting centre and report the
accident.
2. Seek medical attention as soon as possible, first to make sure you are
OK, but also to document any injuries from the accident. Tell the doctor
enough about the accident so that he or she understands how you were
injured but do not get into details about fault etc. Answer the doctor’s
questions.
3. You are required to notify the claims department of your insurance
company of the accident as soon as possible and at most within 30 days.
Call the claims department of your company. Ask them to send you an
application for no fault accident benefits. You must complete the
application and all the forms within 30 days of the date of the accident
if you are able to do so.
4. Be careful who you speak to, what you say and what you sign. You may
receive calls or letters from two different insurance adjusters from your
own company, one to deal with your property damage/collision claim and
another adjuster to deal with your accident benefits claim. You may also
receive a call or letter from an adjuster for the other party’s insurance
company. They may ask you to provide a statement and sign an authorization
for release of medical records. It is a good idea to speak to a lawyer for
advice before you sign any statement that describes in detail how the
accident occurred or any release of medical information. It is essential
to speak to a lawyer before signing any release of your claims other than
for property damage/collision claims.
5. Keep your employer advised of your medical status and when you expect
to return to work, and provide documentation from a doctor if possible. As
long as your employer expects you to be able to return to work in a
reasonable time, your right to reasonable notice of termination is
protected.
6. Find out what, if any, disability benefits and medical benefits you may
be entitled to through your own employment, family members, or your own
private plans and make sure you apply for those benefits.
7. If you have a potential Workers’ Compensation claim in relation to the
accident, speak to a lawyer as soon as possible. It may be possible to opt
out of the Workers’ Compensation system which may be beneficial to you,
depending on the facts of your case.
8. Go for regular medical follow ups with a qualified physician (even if
you are seeing a chiropractor or physiotherapist or other) and report your
symptoms as honestly and accurately as you can without exaggerating or
minimizing them. It is important to have an ongoing medical record of your
problems.
9. Follow the medical advice you receive for treatment. If in doubt seek a
second opinion. If you are not satisfied with the care you are receiving,
don’t hesitate to ask for a referral to a specialist or for diagnostic
tests.
10. Do not discuss your case or your condition with anyone other than the
people mentioned above and your lawyer. Of course you cannot avoid
discussing your case completely with family and friends, but avoid giving
any details. DO NOT post any information about yourself or your
accident on the internet or in emails (Facebook, Twitter, blog, etc.)
11. If you are receiving no fault accident benefits, co-operate with your
adjuster and any person such as an occupational therapist that is sent to
assist you. If they send you to their own doctor, physiotherapist,
chiropractor for an assessment after a few months, this may mean that your
insurer is checking to see if you still qualify for benefits, and you may
want to speak to a lawyer.
12. Keep records of all expenses related to the accident and a note of the
ways in which your injury affects you and your family.
13. Call us at 905-826-3633 We are here to help.
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Timothy Leigh-Bell, LL.B
Personal Injury Lawyer
We Take Your Injury
Seriously!
WE’VE
GOT THE RIGHT TEAM ON YOUR SIDE:
Lawyer, Doctors,
Engineers, Psychologists, Investigators, Economists, Accountants,
Occupational Therapists, Physiotherapists, Vocational and Rehabilitation
Consultants in the Toronto, Ontario, Canada Region.
Over 25
years experience in Trials, Settlements and Mediation of Serious Injury
Claims.
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