What To Do After A Car Accident In Ontario

Step 1: What to Do Following a Car Accident

Whether you were in a major collision or a minor car accident, it’s important to stay calm, no matter how shaken up you might feel. Your safety and the safety of others come first, so make sure everyone is okay before worrying about anything else. 

If your vehicle is safe to operate, move it to a complete stop in a safe location, and turn on your hazard lights. Once you’re secure, follow the proper procedures. This includes exchanging information with the other driver, documenting the scene, and contacting your insurance company. Staying calm and following the right steps will help make the process smoother and prevent further issues down the road.

What do I do after a car accident?

• Move to a Safer Spot — Stop your vehicle, and if possible, make sure you move your car out of the middle of the intersection or road.
• Check for Injuries — Check to ensure that everyone is safe - if there are any injuries, call 911, follow their directions, and wait for help.
• Check for Damage — Check your vehicle and the other vehicle(s) involved for damage, if the total damage for every car involved is more than $2000 worth you must call the police.
• Take Pictures — Use a camera or your smartphone to take pictures of injuries, visible damage to each vehicle, the license plates of each vehicle, and of all the drivers involved for evidence.
• Gather Information —  Exchange names, addresses, license numbers and insurance information with all involved drivers, and get the contact information for any witnesses.
• Make a Police Report — If there are injuries, the total damage to all vehicles appears to be more than $2000, or you suspect any drivers are under the influence of drugs or alcohol, call the police. Otherwise, contact a Collision Report Centre as soon as possible.

Never leave the scene of the accident until you have gone through these steps or until the police say you can leave. At best, you will miss the chance to gather evidence and information you will need in the future, and at worst, the police can charge you for fleeing the scene of an accident.

Step 2: File an Auto Insurance Claim

After things have settled, you should contact your insurance company and report the accident to them as soon as possible. In most cases, you must contact your insurance company within 7 days to make a claim on the car accident. If you wait too long, the insurance company might not honour your claim. Your auto insurance company can also be a useful resource for advice on what to do during and after the scene of the accident.

Here is a list of steps you should expect:

• A claims adjuster will be assigned to your case to determine how much of the accident is covered by your policy and to help guide you through the process
• You will be asked to fill out some forms for your claim, such as a Proof of Loss form, that act as sworn statements of what happened
• You will be asked to provide some basic information about what happened, who and what cars were involved, what the insurance policy information is for everyone involved, and so on
• The insurance company will investigate and speak with the companies of the other people involved to determine who was at fault and for how much

If you have any questions or want advice, your claims representative will help.

Step 3: Choose a Repair Shop

When choosing what repair shop to take your vehicle to, you can ask your insurance company for one of their preferred shops. However, you can also go to a shop you know and trust without asking them - the insurance company will just have to approve the repair estimate.

If you are worried about the company or their repair shop not doing a good job at repairing your vehicle or charging you too much, there are some things to consider:

• Insurance companies have an obligation to return your vehicle that's been in a collision to the condition it was beforehand, so they will ensure the job is well done
• They must replace any damaged parts with new replacement parts that must also be the specifications of the vehicle's manufacturer
• When the repairs wind up making the car in better condition than it was, the company may ask you to pay for the difference

How much your company covers for the repair payments depends on how much you are determined to be at-fault for the accident.

Step 4: Apply for Accident Benefits (if injured)

If you suffered an injury due to the accident, your claims process would involve an application for Accident Benefits to cover any medical costs. Even if you are determined to be at fault, by Ontario law the Statutory Accident Benefits Schedule (SABS) requires coverage for any injuries you suffered in the accident.

Here are some of the main things covered by the standard Accident Benefits policy in Ontario:

• Lost Income — if you missed work as a result of your injury, whether it is temporary or permanent
• Medical Fees — covers any costs to treat and rehabilitate your injuries
• Aide Costs — covers some of the cost to have an attendant care for you as you recover
• Family Travel — pays for some family visiting during your recovery
• Related Expenses — covers some of the cost to replace or repair damaged or lost items that were in the car

There are other types of coverage that cover different costs and expenses you might incur as a result of your accident. When you apply for Accident Benefits you can ask your claims adjuster to run you through the process, so you know what's ahead. They will send you the application package that should contain the necessary forms and paperwork.

How is Fault Determined?

How much your insurance company pays out and how much you have to pay out of your own pocket depends on how much you are determined to have been at fault for the accident. Insurance companies in Ontario are bound by the Insurance Act to use the detailed guidelines of the Fault Determination Rules to determine fault in accidents. These guidelines contain detailed scenarios and visualizations to cover the vast majority of collisions and how to determine fault.

Here is how determining fault will impact you:

• 0% at Fault — your premiums are unaffected and your record remains clean
• 1-24% at Fault — your premiums are unaffected, but it is put on your record
• 25%+ at Fault — your premiums are affected when you renew your policy, and it is put on your record

In general, the determination relies heavily on whatever evidence is provided to them. If you and the other drivers involved give conflicting accounts of what happened then the fault is usually divided evenly.

If you have had a clean record for several years some insurance companies will have a policy to forgive your first accident or speeding ticket without it affecting your rates. You can ask your claims adjuster for more details about how the fault is determined and how it will affect you.

What If I Have a Complaint?

If you do not agree with the determination of fault, first speak to your claims adjuster in case any evidence was missed. If you are still unsatisfied, you can ask to speak with the company's Complaint Officer. They will review the case to see if anything was overlooked or mishandled, but you will need to have further evidence to present that they did not consider or a complaint that the case was not handled properly.

If you have any other complaints about how your claim is being handled, you should follow those same steps: first speak with your claims adjuster and then contact the Complaint Officer. In the case you have further complaints that you feel they did not properly address, you still have some options:

• Contact the independent Ombudsman organization provided by the Complaint Officer
• Call the Financial Services Regulatory Authority of Ontario (FSRAO) who are responsible for governing insurance companies 

It is rare for you to have to use the above measures, and there is no guarantee that the insurance company's decision will be overturned, so make sure you can provide thorough documentation of your complaint with as much evidence as you can.

FAQ (Frequently Asked Questions)