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Knowing exactly what to do after a car accident is not something many of us put enough thought into. We wish it never happens to us and our loved ones. But if an accident happens, things can become much worse if we are unprepared and forced into making quick decisions in a high stress environment.
So here are some tips to keep in mind should you get involved in a car accident in Ontario. You will find a detailed explanation for each step down below. After the first section of this guide, you will find more details about fault determination, your rights to insurance compensation and suing other drivers, towing fraud, repairing your vehicle and other information you will need if you get in a collision.
Knowing what to do after a car accident is not something that most of us think about. We wish it never happens to us and our close ones. But when an accident strikes, the worst scenario would be to be unprepared and making decisions in a very high stress situation.
So here are some tips to keep in mind should you get involved in a car accident in Ontario. You will find the detailed explanation for each step down below. After the first section of this guide, you will find more details about fault determination, your rights to insurance compensation and suing other drivers, towing fraud, repairing your vehicle and other information you will need if you get in a collision.
Do your best not to panic.
It is your duty to stay at the scene of the accident, offer assistance and provide information. You will need to keep your composure to handle the situation.
At the same time, you should avoid arguing with the other drivers or passengers. It is much better to save your story for the police. So just calm down, take a few deep breaths and continue with the next steps.
The law requires you to stop your car after an accident. Any driver who hits another vehicle or a person and doesn't stop commits 'failure to remain' or 'failure to stop' and faces penalties.
It is the law in Ontario that if you get involved in an accident, you shall:
If you fail to remain on the place of accident, no matter how minor are the consequences of the collision, you can be subjected to:
Not stopping after an accident is also a criminal charge in Canada which can lead to even more serious penalties and a criminal record. It can be penalized by:
In addition, if you decide not to stop, refuse to provide assistance or provide your name or address after an accident, the judge may impose other penalties under summary conviction. Besides, a failure to stop after an accident can also dramatically increase your insurance premiums.
No matter how minor the accident is, you should always stop your car after a collision. Many people who chose to run from the scene of a car accident in Ontario for various reasons, for example, because they panicked, didn't have insurance or were in a rush, found themselves in a much worse situation. It is just not worth it, and it is your duty to stay, provide all the details about the accident to the officer or the other driver and offer all possible assistance.
It is the duty of the police and your insurer to determine who is at fault in an accident, and they have clear rules for that. So your best option is to be respectful to the other drivers and passengers involved, collect and provide information and offer assistance while avoiding any apologetic statements.
If you get in a minor car accident in Ontario, you don’t have to call the police but should reach out to a Collision Reporting Centre within 24 hours after an accident.
A car accident is viewed as minor, if
If this is the case, you can locate the Collision Reporting Centre near you in Ontario on this
website
or by calling their phone number at (416) 745-3301.
In Ontario, you should call 911 and ask for police if you are involved in a car accident and:
The operator will guide you on your next steps while you are waiting for the police to arrive. If you see that someone is hurt, you should not try to move them as it may aggravate their injuries.
If it is safe, you should get out of your vehicle and take pictures of all cars involved in an accident. You can use your cell phone or any other digital camera.
In an ideal situation, you should not move your car before taking pictures. The police and the insurance companies will use photos along with the description of the accident to determine fault.
Note:
Although Ontario uses a no-fault system, determining who is at fault in the accident or what is the degree of fault of each of the drivers is essential for determining the amount of insurance compensation.
In major accidents, when the vehicle is badly damaged or when someone is hurt, you should wait for the police and don't move your car. When your vehicle is left on the road, you should warn other drivers of the danger by turning on your hazard lights, using flares, warning triangles or cones. You can also pop up the hood of your car to drive more attention.
In minor accidents, when it is safe, and you can drive your car, you should move it away from traffic to the side of the road.
When you get involved in an accident, the law requires you to provide information about yourself, your insurance and your vehicle to the other driver. You should also record the information of others involved in the collision.
You will need to record information about other involved drivers. Similar to your situation, the law also obliges them to provide you with information so you can expect answers to your questions and should record those answers for future reference. If you cannot make notes for any reason, you can use your phone's voice recorder, camera or any other app.
You should ask for:
You also need to write down what happened. You should note down:
It is better to use your own words and record information while your memory is fresh before you talk to someone who can influence your recall of the accident. Remember that honesty and integrity are your best friends when dealing with the consequences of road accidents.
If you get into a car accident in Ontario, you should call your insurance company as soon as possible. The Financial Services Regulatory Authority of Ontario makes it a requirement that you should contact your insurer within 7 days after an accident or as soon as possible after that. If you don't inform the insurers within this time, they may deny your insurance claim.
When you contact the insurance company, you will need to provide them with details about the accident you have recorded in the previous step. For major accidents over $2,000, collisions that resulted in injuries, or accidents involving drivers under influence, which were reported to the police, you will also need to have the name and the badge number of the police officer.
What is tow truck fraud?
If you cannot drive your car after an accident and need a towing service, you should be careful of towing fraud. You may be preyed upon by tow truck companies who are taking advantage of uninformed drivers and overcharge them for towing and storage. Predatory towing companies can also be working on commission with repair shops which will inflate your repair bills.
Watch out if tow truck drivers recommend a vehicle repair shop without being asked. You should also ask about their prices in advance. If you suspect dishonest behaviour by a towing operator, you can stop the scam by calling your local police.
You can also ask your insurance company about the next steps. The insurer can advise you on the reasonable rates, the preferred repair shop and necessary paperwork.
Starting from January 2022, only authorized towing companies working under the contract with the Ministry of Transportation can provide towing services in the restricted zones on Highways 400, 401, 409 and 427 in the Greater Toronto area. If you need tow service when in restricted towing zones, call 511 for an authorized truck operator.
For more information about the Tow Zone Pilot program introduced by the Ontario Provincial Police, please read How to Avoid Towing Fraud section at the end of this guide.
If you are injured as a result of a car accident in Ontario, you will need to call an ambulance which will transport you to a medical facility. However, even if you don't need immediate medical assistance, you should see your physician as soon as possible because some injuries may not show up immediately.
Such injuries as concussions, neck and backbone traumas, injuries to your muscles, tendons, ligaments and other soft tissues may not show up immediately after an accident. You need to monitor the state of your health and check it with your physician to ensure timely medical assistance and to claim compensation for your medical expenses.
In Ontario, insured drivers make their claim first to their insurance companies thanks to the no-fault insurance system in the province. Meanwhile, the name "no-fault" can be misleading, making drivers think they cannot sue another driver or are not responsible for the accidents.
In reality, no-fault insurance does provide insurance coverage to insured drivers no matter who caused the accident. Still, the amount of coverage will depend on the degree of fault of each driver.
When the police come to the scene, they conduct their own investigation. The police report and your description of the accident are critical in determining fault because it provides valuable data about what has happened. Still, it is the insurance company who has the final say in determining the driver's fault for insurance purposes.
For example, the police may consider that no one is at fault, but the insurance company may determine differently and decline the insurance compensation to a driver who is 100% at fault. The reverse is also true: if the police charge you with an offence, it does not mean that the insurance company will find you at fault for the accident.
The insurers determine the degree of fault of each driver based on the Fault Determination Rules. The rules are a part of the Insurance Act, which regulate how insurance companies determine fault in an accident.
The Fault Determination Rules cover more than 40 typical accident situations and use diagrams to illustrate each type of accident. In rare situations where an accident doesn’t resemble the typical case from the Fault Determination Rules, the insurer will determine fault based on negligence law.
Your degree of fault in an accident can be anywhere between zero and 100 percent. The degree of fault impacts your insurance premium and your insurance compensation.
First, if the insurer finds you more than 25 percent at fault, your insurance premiums are likely to go up. Secondly, if you have only Mandatory Auto Insurance in Ontario, you may recover the damage to the vehicle and the cost of a temporary replacement vehicle only to the extent you are not at fault.
Example of Calculating Compensation for Accident Damaged Vehicle
Imagine a situation where the cost of repairing your vehicle is $1,000 and the deductible you arranged with your insurance company is $300. After investigating the accident, your insurance company finds you 35% at fault and another driver 65% at fault.
In this situation, your insurance compensation will be equal to 65% of the repair cost, less your deductible. In the above example, the sum paid for the damage to your vehicle will be equal to $650 minus the $300 deductible, making $350.
There are several types of car accident compensation you can claim from your insurance company. These are provided under mandatory auto insurance and additional insurance policies.
Mandatory auto insurance is a minimum coverage established by the provincial government. It includes:
The direct compensation property damage, known as DC-PD insurance, pays for the damages to your vehicle.
Bear in mind that DC-PD insurance provides coverage only if:
When you are 100% at fault for a car accident in Ontario, you will not get any compensation for the repairs under your Mandatory Auto Insurance. You can only receive insurance compensation under DC-PD if another driver shares the fault for the collision.
Similarly, if the accident involves a driver who is insured outside of Ontario, you can only have compensation for repairs under DC-PD if your insurance company has an agreement with the other insurer. If it is not the case and you only have minimal insurance coverage, you will have to sue the other driver to get paid for the repairs.
For these reasons, many drivers prefer to buy additional insurance packages to complement their Mandatory Auto Insurance.
The insurance companies in Ontario provide statutory benefits no matter who is at fault if you or your passengers were injured as a result of the accident.
The Statutory Accident Benefits include:
You can find the detailed description of statutory accident benefits in the Ontario Automobile Policy.
The law in Ontario requires every driver to have at least Mandatory Coverage, but unfortunately, some motorists still do not carry any insurance. If you are involved in an accident where another driver is uninsured, you can claim compensation under the Uninsured Motorist Coverage.
In another situation, where drivers commit hit-and-run for various reasons, standard insurance wouldn't work. In cases where the other driver fled after a collision and their vehicle cannot be identified, they will be considered uninsured. If this is your case, you don't have to worry as you still will receive compensation under Uninsured Motorist Coverage.
If you cause injuries to someone in a car accident or damage their car, you will need third-party liability coverage. Your Mandatory Automotive Insurance will provide you with at least $200,000 coverage of your liability to third parties.
Meanwhile, many personal injury cases involving car accidents in Ontario often include multi-million dollar claims. For this reason, many drivers choose to have additional third-party liability insurance, providing them with at least $1,000,000 liability coverage.
If you don't feel secure with Mandatory Auto Insurance, you can expand your insurance coverage with additional insurance packages. These include:
Specified Perils Insurance is precisely what is suggested by its name: it provides insurance coverage against those losses which are specifically listed in your policy. Examples of what can be covered include theft or attempted theft, fire, lightning, windstorm, explosion, hail, rising water, or damage during transportation.
When you buy Collision Coverage, your insurance company will compensate for the damage to your vehicle in an accident regardless of fault. For example, if your vehicle is hit on the parking place by an unidentified driver, you can receive insurance compensation only if you have Collision Coverage.
Comprehensive Coverage is an expanded and more expensive version of Specified Perils Insurance. In addition to risks covered under Specified Perils, the Comprehensive Coverage will protect against vandalism, windshield damage, hitting an animal and damage from falling objects, for example, from debris blown by the wind.
All Perils of All Risks Coverage includes all risks unless they are expressly excluded in your insurance policy. All Perils policy provides the most extensive insurance protection, which covers risks included both in Collision and Comprehensive Coverages.
After an accident, it is best to call your insurance broker immediately and advise on the next steps.
You should report the accident to your insurance company no later than 7 days after the accident or as quickly as possible after that. If you delay, you may be denied insurance coverage.
After you have filed your claim to the insurance company, they will contact you to determine your insurance compensation. The claim adjuster from the insurance company may ask you to complete a Proof of Loss form to document the damage.
Each insurance company has its own Proof of Loss form, so you will need to check the form and fill it out carefully to avoid underpayment or denial of your claim. You will need to return a filled-out Proof of Loss report within 90 days after the accident.
If you have been injured as a result of the accident, you can also apply for accident benefits. The accident benefits will help to recover lost income as well as your medical and rehabilitation expenses.
You will need to fill in the Accident Benefits Application Package, which includes separate forms for:
First of all, you do not have to sue to get compensated after a car accident. You file the claim to your insurance company and receive accident benefits and compensation for repairs paid regardless of fault but based on fault assessment.
Second, you can always sue even after being paid by the insurance company unless you agree to waive liability. Here is more on what you can claim in a lawsuit and when it can be worth it.
If you have been affected by a car accident, you can sue for damages in excess of received accident benefits.
You can additionally claim compensation for:
The Insurance Act of Ontario gives you the right to claim pain and suffering damages if you have sustained:
The monetary threshold for pain and suffering increases each year by 4.4%. In 2022, the monetary threshold for damages through pain suffering makes $138,343.86 with a deductible of $41,503.50.
If driver's family members file a lawsuit under the Family Act for their loved one who was injured or killed due to the accident, the monetary threshold in 2022 is $69,171.36, and the deductible is $20,761.76.
Example:
In practice, if the jury has awarded you $50,000 for pain and suffering, the insurance company will pay only $8,496.50 (that is $50,000 minus $41,503.50).
Waiving Deductibles
The deductibles on claims for pain and suffering are not applied when the lawsuit exceeds a monetary threshold. For example, if the jury grants you more than $138,343.86 for pain and suffering in 2022, you will receive the full amount without applying the deductible.
There are no limitations on claims for the loss of income, and you can always sue for that. Keep in mind that you cannot claim a loss of income for the first 7 days after an accident. You can receive only 70% of your gross income (less any accident benefits paid by the insurance company). After the trial, you can receive 100% of your gross loss of income, less any paid accident benefits.
You can file a lawsuit for compensation of other expenses incurred as a result of a car accident in Ontario in excess of your insurance coverage, for example, for housekeeping and home maintenance benefits. These benefits are only available if you have sustained a severe permanent impairment in the meaning of the Insurance Act.
Before you decide if it is worth suing the other driver, you should discuss the matter with your personal injury lawyer. You should also keep in mind your degree of fault as defined by the insurer and whether you can beat it in court. If you are primarily or wholly at fault for the accident, your prospects of suing the other driver may not be worth the effort unless your lawyer can help you dispute your fault.
You should also evaluate the prospects of being granted sufficient compensation for pain and suffering. For example, if the jury grants you $40,000 for pain and suffering in 2022, you would not receive anything as the deductible for the current year is set at $41,503.00.
Before you decide if it is worth suing the other driver, you should discuss the matter with your personal injury lawyer. You should also keep in mind your degree of fault as defined by the insurer and whether you can beat it in court. If you are primarily or wholly at fault for the accident, your prospects of suing the other driver may not be worth the effort unless your lawyer can help you dispute your fault.
You should also evaluate the prospects of being granted sufficient compensation for pain and suffering. For example, if the jury grants you $40,000 for pain and suffering in 2022, you would not receive anything as the deductible for the current year is set at $41,503.00.
Unfortunately, it is a well-known fact that the towing industry in Canada has a few bad actors, and Ontario has been especially notorious for them. Some tow truck drivers use radio scanners to pray on people getting in car accidents and rush to be the first on the scene.
It is not uncommon to see several tow trucks appearing in the place of accident simultaneously to get your car on the hook. What may seem like a good competition is more often an attempt to be the first in line to take advantage of unsuspected victims. Meanwhile, the consequences of towing fraud can be very serious, starting from inflated bills and ending with losing your car.
Towing fraud happens when a tow truck driver solicits or recommends vehicle repair shops, garages, legal or medical services without being asked. Unscrupulous tow truck drivers are paid referral fees by those service providers, which can seriously inflate your bills. Finally, you may have to pay non-competitive prices for towing, unnecessary storage and other unsolicited services.
There are a few risks of getting involved in a towing fraud. Although some drivers may think that their insurance company will pay their bills anyway, the reality can be different. Your insurer may refuse to approve the repair shop referred by a tow truck driver. Your insurance company can also increase the insurance premiums in response to inflated repair bills.
The repair shops referred by tow drivers can refuse to give you the car without repairing it on their facility and charging you excessive prices. If you insist on having your vehicle returned, they may ask you to pay an exorbitant breach-of-contract fee exceeding the value of your car.
The consequences of towing fraud can include:
Getting into an accident is stressful for anyone, especially when you have to fight off the towing scam. Fortunately, you cannot be forced into towing fraud against your will, so it is important to keep calm and follow simple rules to be on the safe side.
Some insurance policies include roadside assistance, which comes in handy if you get in an accident. You should check your insurance policy if your insurer provides these services and how they handle towing.
When recording the details of the accident, you should jot down the name of the tow truck driver, the name of the towing company and the vehicle repair shop and other vendors they recommend. You will need this information when speaking to your insurer.
When signing the "permission to tow" contract and invoice, check if the company's name on the paperwork is the same as you have been told.
You should never sign a blank contract, blank work order or blank tow service invoice with no dollar amount. Always read the text of the contract to understand what you are signing.
It is prudent to ask tow truck drivers about their towing and storage rates, fees and other charges before giving them permission to tow.
You should avoid sharing information about your insurance policy, the name of your insurer, your physician or your lawyer with the tow truck driver. Fraudsters can use this information for additional scams by contacting their victims and pretending to be their insurers.
You should never let the tow truck drivers take your car to their suggested repair shop without first speaking to your insurance company. It is best to take your vehicle either to your regular repair shop or the facility recommended by your insurance broker.
If you suspect that you may be a target of towing fraud, you should decline towing service and report to your local police and your insurance company.
In January 2022, the Ontario Provincial Police has introduced new towing guidelines to provide "a safe, fair environment for both towing companies and drivers." Under the new rules, only authorized towing companies can provide towing services in restricted zones. The pilot program is planned for four years.
The authorized towing companies working in restricted zones in Ontario are obliged to:
The services under OPP Pilot Program are provided only in four restricted towing zones, which include portions of Greater Toronto Highways, including Highways 400, 401, 409 and 427.
You can find information about the exact section of the above highways on the official website of the Ontario Government.
The Ontario government makes it a rule that you must use only an authorized towing company in a restricted towing zone:
For all other areas, you should call your towing company directly.
After an accident, your vehicle will be either repaired or written off by the insurer as a total loss if the damage is too heavy. If your car is repairable, knowing how to choose a repair shop, define the scope of repairs and manage the works can save you much time and extra costs.
If the estimated cost of repairs plus vehicle salvage value exceeds the value of your car before collision, the insurance company may decide to write off your vehicle as a total loss. In this case, you will receive the value of your car before the accident proportionate to your degree of fault minus deductible and will leave the salvage to the insurance company.
If your insurance includes a Removing Depreciation Deduction, also known as Limited Waiver of Depreciation, you have a chance to receive the full list price of a new car if your vehicle is salvaged. A Limited Waiver of Depreciation is available only for newer cars up to 2-5 years old.
When you seek to repair your vehicle, you can either take your car to your preferred repair shop or the one recommended by your insurer. Always avoid repair shops suggested by tow truck drivers to escape fraud.
In Ontario, your insurer can not require or demand you to have your car repaired at any particular vehicle repair shop. The law requires the insurer to tell you that it is up to you where to repair your vehicle.
Still, the insurance company may recommend their preferred repair shops to handle your repairs. Some drivers may choose this option as it places the responsibility on the insurance company to have the repair work done properly.
You also have the option of taking your car to your preferred repair shop. In this case, you will be responsible for arranging the repairs, replacing the damaged parts, and controlling the costs.
Just beware that your insurer may refuse to pay more than their estimated cost of repairs according to their assessment. You should always try to get an estimate of the repairs before commencing the works and approve it with your insurance company.
The scope of the insurance repairs is based on your insurance company's obligation to return your vehicle to its condition before the accident. So, if you have an older vehicle, the insurance company can repair or replace any damaged parts of your car with non-OEM (non Original Equipment Manufacturer) or pre-owned parts. At the same time, many insurance companies may replace safety-related parts, such as airbags and similar equipment, with new OEM parts.
The betterment charges occur when the repair results in giving your vehicle a better state than it was before the accident. For example, if the repair shop replaces a rusty hood, which was dented in an accident, with a new one, you can be expected to pay for the betterment from your own pocket.
Similarly, if you ask the repair shop to do any work, which is not related to the collision, it may be permissible but will require paying betterment charges. As a rule, the insurance would not cover repairs of any parts due to mechanical breakdown, rusting, wear and tear, and similar cases.
Car accidents in Ontario can be stressful, to say the least, but the stress can be managed when you know exactly what to do and how to get the best assistance as soon as possible. You will be much better prepared for managing the consequences of car accidents if you follow the simple steps outlined in our Car Accident Memo above and know how to effectively handle the insurance, towing and repair issues.
You should always speak to your insurance agent or broker as soon as possible after an accident and ask them for guidance before you take any steps, sign any paperwork or make payments, especially in cash. Meanwhile, if you need additional explanations or assistance in ensuring fair compensation for your losses or plan to sue the other driver, you can always speak to experienced car accident lawyers.
We offer a free initial consultation that can be arranged at a date and time of your choosing and at your convenience.
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