No one is impervious to a motor vehicle accident. 

It can happen to anyone, at any time, and any place. If it does happen, you want to be ready, and know what to do to protect yourself and your loved ones.

Regardless of how safe and prudent you are in controlling the manner in which you drive on the road, you cannot control the negligence of other drivers, the weather conditions, and the surrounding environment. 

I was one of those prudent, careful drivers who was a little naive in thinking that I wouldn’t be involved in an accident. 

As a lawyer, I was always the one providing legal advice to my clients who were involved in severe motor vehicle accidents and sustained catastrophic impairments, until one day I was involved in a side-swipe on the Queen Elizabeth Way highway, and suddenly, I was placed in the vulnerable position of my clients. 

I knew how to advise my clients on the litigation process very well from commencing a lawsuit once the accident happened, and then all the way to a trial in the Ontario Superior Court of Justice. However, upon finding myself in an accident, I was struggling to remember everything I needed to do with relative ease, which was a little embarrassing for a lawyer. 

If you are involved in a collision, whether you’re a lawyer or not, it’s your responsibility to know what you have to do.

The first thing to do when you’re involved in a motor vehicle accident is take a moment to take a big deep breath and try to remain as calm as possible. This is important because accidents are very stressful and can quickly elevate your emotions, but you need to quiet your emotions and make rational decisions. The passage of time from the accident to the hospital may seem like an eternity in the moment, but it’s actually fleeting, and the decisions you make during that relatively short space of time are of the utmost importance.

You want to assess whether you or anyone else in your vehicle is seriously injured. If you or anyone is, then you want to immediately call 9-1-1 for medical help, especially when you’re on a highway or a busy road. If, however, you are not seriously injured and your vehicle is still driveable, then you want to carefully drive your vehicle to the side of the road or the shoulder, so you’re out of the way of incoming traffic moving at high rates of speed. Lastly, if you are not seriously injured and there is no incoming traffic, then safely gather any of your car parts that may have fallen off during the collision, so they aren’t hit by incoming vehicles and sent out like dangerous projectiles.

Examine the Ontario Driver’s Licence

If there is another driver involved in the collision, then exchange contact information. You want to obtain the other driver’s full name, home address, phone number, and his or her driver’s licence and registration number. You can obtain all of this information from looking at his or her Ontario driver’s licence. 

Residents of Ontario must be at least 16 years old and have a valid Ontario driver’s licence to drive in this province. In accordance with section 33 of Ontario’s Highway Traffic Act, R.S.O. 1990, c. H.8, all drivers of a motor vehicle shall carry a licence at all times while “in charge of a motor vehicle or street car”, and “shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions” of the Act. Even though the other driver is not obliged under the law to surrender his or her driver’s licence to you for inspection, you still want to ask for permission to inspect it for the purposes of confirming his or her contact information and identity. If you have a smartphone on you, then it’s quicker and easier to take a photograph of his or her driver’s licence, which will contain all the aforementioned information on it; plus you’ll have a digital copy for your records.

If the other driver is being uncooperative with exchanging relevant information to report the motor vehicle accident as you are legally required to do in accordance with Ontario’s Highway Traffic Act, then call 9-1-1 or the number of the local police precinct, and ask for an investigating police officer to be sent to the scene of the collision to assist you.

Lastly, you also want to obtain the full names, home addresses, and phone numbers of the passengers in the other vehicle too.

Examine the Proof-of-Insurance Pink Card

You also want to obtain the other driver’s insurance information, including: the name of the automobile insurance company who is providing automobile insurance coverage to the vehicle involved in the collision; the name of the insured covered by the automobile insurance policy (“policy”); the make, model, colour, and year of the vehicle that’s covered by the policy; and the insured’s policy number, which specifically pertains to the vehicle he or she was operating at the time of the collision with your vehicle. Remember, that the insured, who is covered by the policy, may not necessarily be the same person who was driving the vehicle. For example, oftentimes a teenager may be driving his or her parent’s vehicle, where the parent is the owner and named insured under the policy, and the teenager is just the driver who is insured under the parent’s policy. 

You can obtain all this information from the other driver’s proof-of-insurance pink card, which contains: the name, address, and telephone number of the automobile insurance company; the name and address of the insured who is covered by the policy; the insured’s policy number; the vehicle identification number; the make, model and year of the vehicle that is covered under the policy; and both the effective date and expiry date of the coverage of the policy.

In accordance with section 2 of the Compulsory Automobile Insurance Act, R.S.O. 1990 Chapter C.25, “subject to the regulations, no owner or lessee of a motor vehicle shall, (a) operate the motor vehicle; or (b) cause or permit the motor vehicle to be operated, on a highway unless the motor vehicle is insured under a contract of automobile insurance”. Therefore, in the province of Ontario, it is compulsory for all owners of a motor vehicle to be insured under a contract of automobile insurance. 

In Ontario, we have a standard auto insurance policy called Ontario Automobile Policy Owner’s Policy, or OAP 1, which sets out the rights and obligations of the insured, and of their insurance company, in relation to coverage, and the specific terms and conditions of that coverage. If you own a vehicle in Ontario, then pursuant to the OAP 1, you are required to, at the very least, purchase the following mandatory automobile insurance coverage:

• Third-Party Liability Coverage;
  • This section of your OAP 1 protects you if someone else is killed or injured, or their property is damaged. It will pay for claims as a result of tort lawsuits against you up to the limit of your coverage, and will pay the costs of settling the claims. By law you must carry a minimum of $200,000 in Third-Party Liability coverage, but options exist to increase the minimum amount; typically to $1 million.
• Statutory Accident Benefits Coverage;
  • This section of your OAP 1 provides you with benefits if you are injured in an automobile accident, regardless of who caused the accident or was negligent, including, but not limited to, supplementary medical, rehabilitation and attendant care, caregiver, non-earner and income replacement benefits. Options exist to increase most of these coverages.
• Direct Compensation – Property Damage Coverage; and
  • This section of your OAP 1 covers damage to your vehicle or its contents, and for loss of use of your vehicle or its contents, if another person was at fault for the motor vehicle accident. It is called direct compensation because even though someone else causes the damage, you collect compensation directly from your own insurer.
• Uninsured Automobile Coverage;
  • This section of your OAP 1 provides you with coverage in the event that the other driver was driving while not insured under a contract of automobile insurance, and therefore didn’t have Third-Party Liability coverage to provide you with compensation if you were killed or injured, or sustained property damage. Also, If the other vehicle in the accident is uninsured, then you can make a claim under the mandatory Uninsured Motorist Coverage of your policy. The coverage is up to $25,000, less the first $300, you’ll have to be able to identify either the owner or the driver of the other vehicle in order to qualify.

Optional coverage includes the following:

• Increased Liability Coverage;
  • If purchased, then you can increase your liability coverage to either $500,000, $1 million, or $2 million. Most Ontarians increase their liability coverage to at least $1 million.
• Collision or Upset Coverage;
  • If purchased, then this section of your OAP 1 allows for your insurance company to pay to fix or replace your vehicle if it is damaged in an accident, regardless of fault, less the deductible you chose at the time you purchased the coverage. This also covers cases where an uninsured driver cannot be identified, or damaged your vehicle.
• Comprehensive Coverage for an Automobile and all Contents; 
  • If purchased, then this section of your OAP 1 provides you coverage for the repair or replacement of your vehicle due to a non-collision loss, including those perils listed under Specified Perils (below), such as falling or flying objects, missiles and vandalism, regardless of fault, less the deductible you chose at the time you purchased the coverage.
• Specified Perils; and
  • If purchased, then this section of your OAP 1 provides you with coverage for the following:
    • Fire;
    • Theft or attempted theft;
    • Lightning, windstorm or hail;
    • Rising water;
    • Earthquake or explosion;
    • Riot or civil disturbance;
    • Falling or forced landing of an aircraft or parts of an aircraft; and
    • The stranding, sinking, burning, derailment, or collision of any kind of transport in, or on which, your vehicle was being carried on land or water, regardless of fault, less the deductible you chose at the time you purchased the coverage
• All Perils Coverage; 
  • If purchased, then this section of your OAP 1 allows for your insurance company to pay for all losses noted above, less the deductible you chose at the time you purchased the coverage.

Again, like the driver’s licence, further to section 3 of the Compulsory Automobile Insurance Act, a driver is only required to surrender a proof-of-insurance pink card to a police officer carrying out the provisions of the Act. Even though the other driver is not obliged under law to surrender his or her proof-of-insurance pink card to you for inspection, you still want to ask for permission to inspect it for the purpose of confirming his or her insurance information. If you have a smartphone on you, then it’s quicker and easier to take a photograph of his or her proof-of-insurance pink card, which will contain all the aforementioned information on it; plus you’ll have a digital copy for your records.

Again, if the other driver is being uncooperative with exchanging relevant information to report the motor vehicle accident as you are legally required to do in accordance with Ontario’s Highway Traffic Act, then call 9-1-1 or the number of the local police precinct, and ask for an investigating police officer to be sent to the scene of the collision to assist you.

As you examine the proof-of-insurance pink card you also want to see if the make, model and year of the vehicle listed as covered under the policy, is the same vehicle that was involved in the collision. Further to section 3 of the Compulsory Automobile Insurance Act, if a driver purports to show that his or her motor vehicle is insured under a contract of automobile insurance when his or her motor vehicle is not so insured, then he or she “is guilty of an offence and is liable on a first conviction to a fine of not less than $5,000 and not more than $25,000 and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, his or her driver’s licence may be suspended for a period of not more than one year”. If you realize that this is the case, then you want to make a note of it and tell your insurance company when you report the motor vehicle accident to them, preferably on the same day.

Also, as you examine the proof-of-insurance pink card, you also want to see if the named insured under the policy, who would be the owner of the vehicle, is the same as the driver of the vehicle. You want to obtain the full name, addresses, and phone numbers, as well as automobile insurance information from both of them. Your insurance company wants this info to process your claim. Also a tort lawyer, such as myself, who sues both the driver and the owner of the vehicle, wants this information too, in order to know who to list as the defendants in the Statement of Claim, and to know who to serve the Statement of Claim on after it’s filed with the Ontario courthouse.

In some circumstances, the mandatory third party liability coverage under the OAP 1 may extend beyond coverage to the named insured in the policy, and include coverage to another driver, which is limited depending on the degree of consent that was granted by the registered owner.  

Further to section 239(1) of Ontario’s Insurance Act, R.S.O. 1990, c. I.8, even if the driver wasn’t specifically mentioned in the policy, but was driving the vehicle with the consent of the named insured in the policy — expressed consent or consent by implication –, then the mandatory third liability coverage will extend beyond the named insured to the driver.

Examine the Vehicle

Concerning the other driver’s vehicle, you want to conduct a visual inspection of it and obtain particulars about it, including, but not limited to, the licence plate number, and the make, model, year, and colour of the car. You also want to write-down, or take a photograph of, the vehicle identification number (“VIN”), which can often be found on the lower-left corner of the dashboard, in front of the steering wheel. You can read the number by looking through the windshield on the driver’s side of the vehicle. The VIN may also appear in other locations, such as the front of the engine block. The VIN is the unique, identifying code for a specific vehicle. It essentially serves as the vehicle’s fingerprint, as no two vehicles in operation have the same VIN. It’s composed of 17-characters (digits and capital letters), which act as a unique identifier for the vehicle. 

You want to cross-reference the information you observed from the visual inspection of the vehicle, with the information you obtained from the other driver’s proof-of-insurance pink card, in order to see if there are any discrepancies. Again, if the driver is purporting to show that his or her motor vehicle is insured under a contract of automobile insurance when his or her motor vehicle is not so insured, then that’s an illegal offence pursuant with the Compulsory Automobile Insurance Act.

You also want to carefully inspect the other driver’s vehicle, as well as your own, in particular where the two vehicles collided, in order to determine to the best of your ability the location, and the degree, of the surface damage, as only a certified mechanic or appraiser could complete a full diagnostic test to ascertain the full extent of the substantive damage that the eye can’t see.

In doing so, you want to take multiple photographs of the four planes and four angles of both cars, as well as close-up photographs of the point of collision and the surface damage sustained. You also want to take multiple photographs of the scene of the motor vehicle collision, and make note of what the weather conditions were like on that day.

All of this will help you obtain a faster and more accurate assessment, which will speed up the claim process once you report the motor vehicle accident to your insurer, preferably the same day.

Examine the Vehicle Permit Green Card

You also want to examine the other driver’s vehicle permit green card, in order to confirm who is the owner of the vehicle involved in the collision. The vehicle permit green card, which is also known as the vehicle ownership green card, is a green piece of paper that you get when your vehicle is registered with ServiceOntario. It is proof that you are the registered vehicle owner. The vehicle permit green card, which is issued in accordance with Ontario’s Highway Traffic Act, R.S.O. 1990, c. H.8, contains your vehicle identification number, your driver’s licence and registration number, your licence plate number, and the make, model, year, colour, cylinder, power carburant, weight, and body type of your vehicle, as well as your full legal name, and your home and mailing address. 

In accordance with Ontario’s Highway Traffic Act, the other driver is not legally obliged to surrender his or her vehicle permit green card to you for inspection. However, even though the other driver is not obliged to surrender his or her vehicle permit green card to you under the law, you still want to ask for permission to inspect it for the purposes of confirming who the actual owner is of the vehicle that was involved in the collision. If you have a smartphone on you, then it’s quicker and easier to take a photograph of the other driver’s vehicle permit green card, which will contain all the aforementioned information on it; plus you’ll have a digital copy for your records. 

Again, if the other driver is being uncooperative with exchanging relevant information to report the motor vehicle accident as you are legally required to do in accordance with Ontario’s Highway Traffic Act, then call 9-1-1 or the number of the local police precinct, and ask for an investigating police officer to be sent to the scene of the collision to assist you.

Concerning your own vehicle permit, you want to make sure that you sign the plate portion of the permit, keep the original vehicle permit safe — you can leave a hardcopy of the original signed permit in the vehicle –, and make sure information on the vehicle permit is up-to-date.

Obtain Contact Information from Witnesses

If there are individuals who witnessed the collision, then you want to obtain the witnesses’ contact information, such as their full names, addresses, and phone numbers.

Cooperate with the Police Officer who Arrives at the Scene

If a police officer arrives at the scene of the motor vehicle accident, then you want to obtain his or her name, rank, badge number, and which police precinct or division he or she is from.

The police officer will obtain a lot of the same aforementioned information from both you, the other driver, including: contact information, such your names (drivers, owners, passengers, and any witnesses), addresses, and phone numbers; driver and vehicle information, such as your drivers’ licence and registration numbers, licence plate numbers, vehicle identification numbers, and the make, model, colour, and year of the vehicles; and insurance information, such as the names and addresses of your automobile insurance companies, your automobile insurance policy numbers, and both the effective and expiry dates of the respective automobile insurance coverages. 

However, in addition to this information, the police officer will also acquire a statement from you and the other driver, as well as any witnesses and passengers, concerning the accident dynamics and how the motor vehicle accident occurred. If you’ve already provided a factually accurate and truthful statement of how the motor vehicle accident happened to your insurer at a time more contemporaneous to the accident, then make sure your statement to the investigating officer is consistent with it, because if it is not, then inconsistent statements could create potential credibility problems for you down the road in your tort lawsuit. 

The police officer will use this subjective information from the statements, in combination with his or her own objective investigation of the accident scene, the location of the damage to the vehicles, the positioning of the vehicles after the collision, any public or private video surveillance, et cetera, in order to try to recreate the particulars of the accident dynamics, and ultimately determine who was at fault and in violation of an offence under the Highway Traffic Act, R.S.O. 1990, Chapter H.8, or possible the Criminal Code, R.S.C., 1985, c C-46.

The police officer will also assess your injuries and call in an ambulance to the scene of the motor vehicle accident, where you’ll have the option of having the paramedics take you to the hospital for a more thorough medical examination involving diagnostic imaging tests, or decline a trip to the hospital and further medical attention. 

As part of the police officer’s investigation, he or she will take photographs of the damage sustained by the vehicles, as well as the scene of the accident. 

Ask the investigating police officer at the scene of the motor vehicle accident for a police report number, as just in case you don’t obtain a copy of the motor vehicle collision report right away, you can call your local police precinct, provide the number, pay a small fee, and obtain a copy of the report.

Only you and the other driver, or whomever you give signed authorization to, will obtain a copy of the completed motor vehicle collision report, but it’ll just contain the basic information pertaining to the names and addresses of the drivers and owners, the aforementioned automobile insurance information of you and the other driver, the name of the investigating officer and his or her badge number, and his or her police precinct or division, the location of the motor vehicle accident and the intersection, a drawing of how the motor vehicle accident happened and a brief description of the accident dynamics, and whether any charges were laid against you or the other driver for an offence committed under the Highway Traffic Act or the Criminal Code.

Further to section 21(1) of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, certain information, such as the witness statements, are withheld for personal privacy reasons. If the full and complete motor vehicle collision report is required, which is often the case in a tort action where liability (who was at fault) is in dispute, then both you and the other driver would have to offer your written consent in support of a request under the Freedom of Information and Protection of Privacy Act to the Ontario Provincial Police for access to, or disclosure of, same, in the interest of justice, because if liability is a serious matter in a tort lawsuit, it would be deemed unfair to proceed to trial without that essential evidence.

Attend the Collision Reporting Centre

If your motor vehicle accident is not investigated by a police officer that arrives at the scene, or a police officer who arrived at the scene directed you to report the accident at a Collision Reporting Centre (“CRC”) nearby, then after you gather all of the aforementioned information, including contact information, owner/driver information, vehicle information, and automobile insurance information, you want to proceed to the CRC that’s near, and within the same city as, the collision.

In accordance with sections 199(1) and 199(1.1) of Ontario’s Highway Traffic Act, R.S.O. 1990, c. H.8, you — the driver — are required by law to report the accident to the police, if the motor vehicle accident results in personal injuries to a person, or damage to the vehicles or property apparently exceeding $2,000, or if “the accident involves any door of the motor vehicle that was open or opening coming into contact with a cyclist, a bicycle or a moving vehicle, even if the motor vehicle was stationary, stopped or parked”. The general penalty for not doing so is “a fine not less than $60 and not more than $1,000”, pursuant to section 214(1) of Ontario’s Highway Traffic Act.  

You can report a motor vehicle accident to a CRC if it does not involve the following:

• Personal injury or death;
• Any criminal activity, such as an impaired driver, stolen vehicles, or assaults;
• A vehicle transporting dangerous goods;
• A person whose driver’s licence is suspended or is not insured;
• Damage to private, municipal, or highway property;
• A pedestrian or cyclist; or
• An uncooperative driver.

If any of the aforementioned circumstances apply to your situation, then an officer should attend the scene of the motor vehicle accident, where you can call 9-1-1 for emergencies, or your local police precinct for non-emergencies.

At the CRC, ideally both you and the other driver should attend at the same time to speed up the process; however, you can attend on your own. The investigating police officer will assess the damage of the vehicles, as well as view your driver’s licence, your vehicle permit green card to confirm ownership, and your proof-of-insurance pink card to confirm insurance coverage information. If there is a witness, then the investigating officer will want their contact information too, as he or she will want to contact them to obtain a statement.

You’ll have to provide a statement to the investigating officer concerning your account of what happened. If you’ve already provided a factually accurate and truthful statement of the accident dynamics and how the motor vehicle accident happened to your insurer at a time more contemporaneous to the accident, then make sure your statement to the investigating officer is consistent with it, because if it is not, then inconsistent statements could create potential credibility problems for you down the road in your tort lawsuit. 

If you, as the driver, attend the CRC, then the involved vehicle must be driven or towed to the centre for examination by the investigating police officer. When you arrive at the CRC, the staff will document and photograph damage, apply damage stickers, take the motor vehicle collision report, and facilitate contact with the respective insurance companies. 

Make sure you obtain a copy of the motor vehicle collision report from the investigating police officer before you leave the CRC. The motor vehicle collision report will, again, contain the basic information pertaining to the names and addresses of the drivers and owners, the aforementioned automobile insurance information of you and the other driver, the name of the investigating police officer, and his or her badge number and police precinct or division, the location of the motor vehicle accident and the intersection, a drawing of how the motor vehicle accident happened and a brief description of the accident dynamics, and whether any charges were laid against you or the other driver for an offence committed under the Highway Traffic Act or the Criminal Code, R.S.C., 1985, c C-46.

Again, further to section 21(1) of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, certain information, such as the witness statements, are withheld for personal privacy reasons. If the full and complete motor vehicle accident report is required, which is often the case in a tort action where liability (who was at fault) is in dispute, then both you and the other driver would have to offer your consent in support of a request under the Freedom of Information and Protection of Privacy Act to the Ontario Provincial Police for access to, or disclosure of, same, in the interest of justice, because if liability is a serious matter in a tort lawsuit, it would be deemed unfair to proceed to trial without that essential evidence.

If the CRC is closed and you can’t get in contact with an investigating police officer, then you want to return to the CRC the following day, or as soon as possible.

You want to contact your automobile insurance company as soon as possible, preferably on the same day that you’re involved in a motor vehicle accident, as the longer you wait, the more it begins to seem like you have something to hide. You also want to report the motor vehicle accident and provide a statement to a representative of your insurer at their accident-reporting department, concerning the accident dynamics and how the collision occurred. If you’ve already provided a factually accurate and truthful statement of how the motor vehicle accident happened to an investigating police officer, either at the scene of the accident or at a Collision Reporting Centre, at a time more contemporaneous to the accident, then make sure your statement to the insurer is consistent with it by first reading over your statement in the motor vehicle collision report, because if it is not, then inconsistent statements could create potential credibility problems for you down the road in your tort lawsuit. 

The insurer representative will ask additional questions, such as, but not limited to, the following:

• Where and how did the accident happen?;
• What’s the year, make and model of the cars involved?; and
• Did you file a police report?

These are just some of the questions you may be asked, but depending on the particular circumstances of the accident, you may be asked more questions. 

The representative will then assign you a claim number, as well as an insurance adjuster to adjust your claim. The insurance adjuster will contact you the following day, determine how much of your claim you will cover, and guide you through the claims process.

Based on your initial statement of the accident dynamics and the details surrounding how the accident happened, then subject to additional surveillance footage, witness statements, an investigating police officer’s motor vehicle collision report with charges under Ontario’s Highway Traffic Act, R.S.O. 1990, c. H.8 or the Criminal Code, R.S.C., 1985, c C-46, or conflicting evidence by the other driver bolstered by dash-cam video, the adjuster will make a preliminary determination on whether or not you’re at fault. The insurer will determine fault by following R.R.O. 1990, Reg. 668: Fault Determination Rules, under Insurance Act, R.S.O. 1990, c. I.8. These rules essentially use diagrams to cover more than 40 accident situations, which can be applied to almost every possible road collision scenario. They are applied regardless of road or weather conditions, visibility, point of impact on the vehicles, or the actions of pedestrians and cyclists. Depending on the circumstances, there may be some situations where the fault is shared between more than one party involved in the motor vehicle accident. 

If you are deemed at-fault anywhere between 0 to 50 percent, then this will be recorded on your insurance record. If you are deemed at-fault anywhere between 50 to 100 percent, then there is a high degree of probability that your premium will go up the next time you renew your policy. If you consented to someone using your vehicle, and he or she was involved in an accident and found to be anywhere between 50 to 100 percent, then their accident will go on your record. 

If you disagree with your insurer’s determination that you’re at fault, or you believe your insurer made a mistake in settling your claim, then you want to ask your adjuster to advise which Fault Determination rule pursuant to Regulation 668, did they apply to your case. It’s this rule that you’d want to ascertain whether or not it was applied correctly to your case, given the specific facts surrounding your accident dynamics. If the rule was applied incorrectly to your particular accident dynamics, then you have a basis to argue that your insurer’s determination should be overturned. If your insurer still refuses to retract its decision, then you want to immediately contact your insurance company’s complaint officer, and provide them with a sound basis for why you believe the rule in question was applied incorrectly to your particular accident dynamics.

If, however, you’re deemed not at-fault, then the accident will not be recorded on your insurance record, your premiums will not go up the next time you renew your policy, and your deductible (if applicable) will not be applied. When you file a claim, you may be deemed responsible for a deductible, which is the amount of the claim you will have to pay out of your own pocket. You can expect to pay your full deductible, unless the accident was not your fault, or was only partially your fault.

Your adjuster will also want you to securely send in photographs of the four planes and four corners of your vehicle from a distance, and close-up photographs of the specific areas where the collision occurred and the damage was sustained. This is required in order to assist the hired appraiser to ascertain the extent of the damage and provide a preliminary quote, subject to a more thorough diagnostic test of the vehicle to ascertain any substantive damage that’s not visible to the naked eye. 

Most automobile insurance companies have a mobile app that you could download, which enables you to either upload, or take, your photographs of the accident scene and the damage of the vehicles, as well as obtain immediate assistance too. These mobile apps also enable you to start your claim. My automobile insurance coverage is through Meloche Monnex, which is under TD Auto Insurance, so I’ve downloaded the TD Insurance Mobile App and used it without any issues.

If you need a tow truck and help to find a trustworthy auto repair shop, then your insurance adjuster can help you. For example, after my minor accident, my adjuster located a trusted TD Insurance Auto Centre nearby my residence, and arranged an appointment for me to get it assessed and ultimately repaired.

Repairs to your vehicle will be guaranteed for as long as you own the car and remain insured with the insurer.

You may have to complete a Proof of Loss form, which is a document filled out by the policyholder when property damage occurs resulting in an insurance claim. It’s an official, notarized, sworn statement from the insured to the insurer concerning the scope of damage to their property.

Lastly, when your insurance company is deciding whether to repair or write off your vehicle, it will pay the lower of the following two options:

1. The cost to repair the loss or damage to your vehicle; or
2. The “actual cash value” of your vehicle at the time it was damaged.

If it costs your insurance company more to repair your vehicle than its actual cash value, then it will write off your vehicle.

Don’t tow your car to an untrustworthy auto shop. 

Make sure you tow your vehicle to an auto shop you trust. 

Don’t sign a blank invoice.

You may be pressured to sign a blank invoice. Always include your chosen destination on the invoice before signing.

Don’t negotiate with the other driver.

Don’t negotiate payments or take responsibility because this can put you at risk when filing a claim. Let your insurance claims adjuster guide you.

I hope you found this information valuable. Rudder Law Group’s website is your one-stop source for answers to all of your legal questions concerning catastrophic impairment law and personal injury law.