10 Common Mistakes to Avoid When Filing a Car Accident Injury Claim
A Toronto car accident lawyer provides tips designed to help you succeed
If you’ve been injured in a car accident caused by another driver in Toronto or another community in Ontario, you will need to file a claim with your insurance company (and perhaps even the at-fault driver’s insurance company) to receive the compensation you deserve for your financial losses.
Ideally, this process should be simple and straightforward. Unfortunately, that’s not often the case. Often, you have to fight for the money you need to pay for your accident-related expenses. That’s because many insurance companies look for any excuse to reduce or deny car accident insurance claims.
This is why it’s critical that you don’t make any mistakes during the claims process that could jeopardize your case. Understanding these pitfalls and how to avoid them can make a big difference in the success of your claim. Below are common mistakes to avoid when filing a car accident injury claim in Ontario, along with practical advice on what to do instead.
-
Not Seeking Medical Attention Immediately
Failing to seek medical care is one of the most common mistakes injury victims make after a car accident. Even if you feel fine or think your injuries are minor, it’s important to see a doctor right away. Some injuries, like concussions or life-threatening internal injuries, may not display symptoms right away but can get worse over time.
Why it’s a problem:
- Insurance companies may argue that your injuries aren’t serious or weren’t caused by the accident.
- Delaying treatment can harm your health and your recovery, and could weaken your insurance claim.
How to avoid this mistake:
- Visit a doctor as soon as possible after your car accident, even if you think you’re fine.
- Follow all medical advice and attend follow-up appointments to show you are taking your injury and recovery seriously.
- Keep detailed medical records. This can include your initial diagnosis, follow-up doctor’s appointments, and all medical treatments and prescriptions prescribed for your injury.
-
Not Calling the Police
Many people underestimate the importance of calling the police after an accident, especially if the crash seems minor. A police report created by a local police officer, Ontario Provincial Police (OPP) or perhaps even the Royal Canadian Mounted Police (RCMP) can be a valuable piece of evidence in support of your car accident claim. In Ontario, it’s also mandatory to call the police in certain situations.
Why it’s a problem:
- You are required by law to call the police in Ontario if you’re involved in a collision that results in more than $2,000 in property damage or if a serious injury or fatality occurs in the crash.
- Without a police report, it’s harder to prove fault or verify the details of the accident.
- Insurance companies may question the validity of your accident claim without a police report.
How to avoid this mistake:
- Always call the police after a car accident, regardless of the severity of the crash.
- Provide accurate and honest information to the responding officers.
- Request a copy of the police report for your records. This way, you can also carefully review the report with your lawyer to make sure it’s accurate.
-
Admitting Fault at the Scene
In the confusion and stress after an accident, some people accidentally admit fault, even if they’re not to blame. Saying something as simple as “I’m sorry” or “I didn’t see you” can later be used against you to deny your car accident injury claim.
Why it’s a problem:
- Admitting fault can jeopardize your ability to recover compensation, even if you’re only partially to blame.
- Insurance companies and lawyers for the other driver may use your statements to reduce or deny your claim.
How to avoid this mistake:
- Stick to the facts when speaking to the other driver, witnesses or police.
- Avoid offering opinions or apologies after your accident.
- Let the accident investigation determine fault instead of assuming responsibility.
-
Not Gathering Evidence at the Scene
Failing to collect evidence at the accident scene can weaken your claim. In most cases, the more evidence you have about your accident, the stronger your injury claim will be. Examples of evidence that may be useful are photos of your crash site, especially before the vehicles are moved, which can be strong evidence in support of your case. Also, statements from eyewitnesses who saw your accident would be able to confirm your description of the crash.
Why it’s a problem:
- As time passes, memories fade and physical evidence like skid marks or vehicle damage may disappear.
- Lack of evidence makes it harder to prove fault and the extent of your damages.
How to avoid this mistake:
- Take photos of the vehicles, license plates, skid marks, traffic signs and any visible injuries.
- Get the names and contact information of witnesses. Their statements can strengthen your case.
- As soon as possible after your accident, write down details about what happened, including weather conditions, road conditions and the time of day.
-
Waiting Too Long to File a Claim
Ontario has strict deadlines for filing car accident injury claims. Missing these deadlines can prevent you from recovering compensation to pay for your accident-related expenses.
Why it’s a problem:
- The limitation period (legal deadline) for filing most car accident injury claims in Ontario is two years from the date of the accident.
- Some accident benefits claims through your insurance must be reported within seven days.
How to avoid this mistake:
- Notify your insurance company about the accident as soon as possible.
- Talk to a Toronto car accident lawyer as soon as possible to learn more about all the deadlines and other legal issues involved with filing a car accident injury claim.
-
Accepting a Low Settlement Offer
Insurance companies often make quick, low settlement offers to victims not long after an accident. They often do this for one reason – to save money. Accepting such an offer could leave you with less money than you need to pay for all of your car accident expenses.
Why it’s a problem:
- Once you accept a settlement offer, you forfeit your right to seek additional compensation, even if your accident expenses increase dramatically in the future.
- Low settlements may not cover future medical care, lost income or other long-term costs.
How to avoid this mistake:
- Consult a lawyer before accepting any settlement offer.
- Consider the full extent of your financial losses, including anticipated future medical expenses and lost future income, before agreeing to accept a settlement.
-
Posting on Social Media
Many people don’t realize how their social media posts can impact their injury claim. Insurance companies and opposing lawyers often closely monitor social media accounts for any evidence they can use to reduce or deny your injury claim.
Why it’s a problem:
- Posts showing you engaging in physical activities can be used to argue that your injuries aren’t severe and that you should not be compensated for your car crash.
- Comments about the accident or your injuries may be taken out of context (posting “I’m sorry” or anything that could be considered an admission of fault) and could be used as evidence to reduce or deny your claim.
How to avoid this mistake:
- Do not post anything about your accident, injuries or legal case on social media.
- Set your social medical accounts to private and be cautious about accepting new friend requests.
- Advise close friends and family not to post anything online about your situation.
-
Not Keeping Track of Accident-Related Expenses
Failing to document your accident-related expenses could result in less compensation. You need to prove the complete financial impact of your accident to recover all the money you’re entitled to receive for your crash.
Why it’s a problem:
- Without proof of your expenses, insurance companies may argue they’re unnecessary or unrelated to your accident.
- You risk leaving money on the table for costs you’ve already paid. That means you will have to pay for such expenses yourself out of your pocket.
How to avoid this mistake:
- Save all receipts and invoices for medical bills, vehicle repairs, transportation costs and any other accident-related expenses.
- Keep a record of lost wages if you’re unable to work due to your injuries.
- Work with a lawyer to make sure all costs and financial losses (including future anticipated ones) are included in your claim.
-
Ignoring Follow-Up Medical Care
Skipping follow-up medical care or not following your doctor’s advice can harm your health and your claim. Insurance companies may argue that you’re not taking your injuries seriously.
Why it’s a problem:
- Long gaps between treatments or missed medical appointments can make it harder to prove the extent of your injuries.
- Insurance companies can use records of missed doctor’s appointments as evidence that you did not get hurt in a car crash.
- Your recovery may be delayed, leading to long-term complications.
How to avoid this mistake:
- Attend all follow-up doctor’s appointments and complete prescribed medical treatments, including physical therapy.
- Tell your doctor about any ongoing pain or symptoms.
- Keep records of all medical visits and treatments to support your claim.
-
Not Consulting a Lawyer
Some people try to handle their injury claims alone, thinking they can save money by not hiring a lawyer. However, Ontario car accident claims can be very complicated and confusing. Also, insurance companies often try to take advantage of car accident injury victims who don’t have a lawyer.
Why it’s a problem:
- You could miss out on compensation you’re entitled to receive, including money for non-economic damages like pain and suffering or future lost income.
- Insurance companies may put a lot of pressure on you to accept a low settlement.
How to avoid this mistake:
- Talk to a car accident lawyer as soon as possible after the accident.
- A lawyer can negotiate with insurance companies, gather evidence and build a strong case on your behalf.
- Most lawyers, including those at Smitiuch Injury Law, offer free consultations and work on a contingency fee basis, meaning you don’t pay unless you receive a financial settlement or jury verdict in your favour.
How a Toronto car accident lawyer can help you
Filing a car accident injury claim can be overwhelming, confusing and stressful. Insurance companies know this. That’s why they’re looking for any mistake you might make that could jeopardize your car accident injury claim.
By seeking medical attention, contacting the police and documenting everything, you can make your legal case stronger. Fortunately, you don’t have to go through this process alone. An experienced Toronto car accident lawyer can be there for you every step of the way.
Our lawyers at Smitiuch Injury Law understand the challenges car accident injury victims often face. That’s because we have been doing this work for years. Our case results show this, including $2.4 million obtained for a car accident victim as a result of a court trial.
Get the Toronto law firm you can count on in a crisis. Contact us and schedule a free consultation with a Toronto car accident lawyer focused on winning your case. Our law firm has three offices conveniently located in Toronto, Brantford and Simcoe.
“I have used Smitiuch Law twice now and will highly recommend their services.”
– Steve H.
⭐ ⭐ ⭐ ⭐ ⭐
Click here to download a printable PDF of this article, “10 Common Mistakes to Avoid When Filing a Car Accident Injury Claim.”
