How to Pursue a Car Accident Claim in Ontario
Many clients have already given a written or verbal statement to either their own auto insurance company or a defendant auto insurance company by the time they contact a lawyer about pursuing a car accident claim in Ontario. In many cases, the contents of that statement can affect your future lawsuit.
If requested, you will be required to give a statement to the insurance company that you are claiming accident benefits from. It is usually a good idea to have an Ontario injury lawyer present for this because a lawyer can make sure that you only answer questions that are relevant to your claims for accident benefits and that you are not answering questions that could be detrimental to a lawsuit you intend to bring.
Making a statement about your car accident claim
Most adjusters taking a statement in a motor vehicle accident case will ask “Tell me how the accident happened” and, in most cases, a lawyer is going to refuse to let you provide the specific details of the car crash. It does not matter who is at fault when you are claiming accident benefits and so your speed, the speed of the other motorist, and your specific actions in the car crash, should not be discussed.
A statement given to the accident benefits insurer is a document which is typically produced to the defendant insurer in a lawsuit.
How your Ontario personal injury lawyer can help
In my opinion, if you are required to pursue the defendant’s insurance company for both accident benefits and potentially compensation for personal injuries, which is rare but sometimes happens, it is necessary to have a personal injury lawyer involved in any statements taken. That lawyer will ensure that you are only giving a statement in relation to your accident benefits claims and will be mindful that the adjuster will be even more insistent on getting details of the car crash itself.
Under no circumstances should a victim of a car accident give a statement to a potential defendant or their insurance company, except on their lawyer’s advice and in their presence. In addition, it is important to remember not to share any details of your car accident or case in conversations with friends or on social media platforms such as Facebook or Twitter.
For further information on how to pursue a claim for a car accident or motor vehicle accident of any other type, contact our personal injury lawyers to receive expert advice through a free, no obligation consultation.