Motor vehicle accidents can have catastrophic, life-altering consequences. Whether it is a driver, passenger, cyclist, or pedestrian, serious injuries often leave individuals and families facing painful recoveries, emotional trauma, and financial hardship. As personal injury lawyers, we see the human side of these collisions every day. At Howie, Sacks & Henry LLP, we support individuals and families through some of their most difficult moments following these traumatic incidents.
In this blog post, I will discuss the latest collision trends, steps you need to take after a motor vehicle accident, and how to navigate the legal process to secure the care and compensation you deserve.
Ontario’s MVA Trends
Annually, thousands of Ontarians are affected by serious motor vehicle accidents that can irrevocably alter lives in a matter of seconds. In 2023, Ontario recorded nearly 90,000 injury collisions, resulting in a heartbreaking 1,768 fatalities. The gravity of these incidents is underscored by the fact that many more individuals sustained severe, life-altering injuries, including traumatic brain injuries, spinal cord injury, fractures, and permanent disabilities. These are not mere fender-benders; they are devastating motor vehicle accidents that change the trajectory of lives indefinitely.
Whether in urban or rural settings, the repercussions of these accidents are significant. Urban areas experienced the highest number of injury collisions, while rural locales saw increased fatalities, likely due to higher speeds and delayed emergency response times.
Despite public awareness campaigns and improved vehicle safety technologies, serious collisions continue to occur at alarming rates. These numbers remind us that behind every statistic is a real person, a parent, child, or friend whose life was turned upside down.
What to Do After a Collision
If you are seriously injured as a result of car accident in Ontario, it is natural to feel overwhelmed. The combination of physical pain, emotional distress, and the complexities of insurance paperwork can be daunting. Below, we have outlined the essential steps you should take after a motor vehicle accident so you can protect your rights and begin your recovery with confidence.
Safety First. Then Report the Accident
After a motor vehicle accident, your safety is the top priority. If you are able, move to a safe spot, call 911 if anyone is injured, and turn on your hazard lights. In Ontario, you must report the crash to the police if:
- Someone is injured or killed
- You suspect a driver is impaired
- The total vehicle damage is over $2,000
- Public property (like signs or fences) is damaged
If police don’t attend the scene, go to a Collision Reporting Centre within 24 hours.
Exchange Information and Document the Scene
If you are able, or if someone can help exchange contact and insurance info with the other driver(s). Take photos of vehicle damage, road conditions, and any relevant details. If there are witnesses, get their contact information too. These details can be critical to your claim later.
Report the Accident to Your Insurance Company
Let your auto insurer know you were involved in a motor vehicle collision within seven days. Even if the accident was not your fault, Ontario’s no-fault insurance system means your insurer will handle your benefits.
They will typically open two claim files:
- One for property damage
- One for accident benefits (medical costs, income loss, etc.)
Apply for Accident Benefits (OCF-1)
If you were injured, you may qualify for Statutory Accident Benefits through your insurer. These may cover:
- Medical and rehabilitation expenses.
- Income replacement
- Attendant care
- Caregiver or non-earner benefits
Start by completing the OCF-1 form and submitting it within 30 days. A doctor will also need to fill out a Disability Certificate (OCF-3). Learn more about how to apply for accident benefits.
Consider a Lawsuit (Tort Claim)
If your injuries are serious or permanent, accident benefits alone may not be enough. You may be able to sue the at-fault driver for:
- Pain and suffering
- Lost wages
- Out-of-pocket costs
- Housekeeping or home care
- Loss of care and guidance (for family members)
A personal injury lawyer can file a Statement of Claim on your behalf, usually within two years of the accident.
Settlement and Legal Process
Most personal injury cases in Ontario settle out of court. Your lawyer will guide you through the process, from filing your claim to negotiating a fair settlement.
Keep All Medical Records
Continue your treatment and keep receipts and records for all expenses related to your injury, including doctor visits, prescriptions, time off work, and travel costs. These documents help support your claim.
You Don’t Have to Face This Alone
The legal process following a serious motor vehicle accident can be confusing and stressful, especially when you are trying to focus on healing. That is why it is important to have an experienced personal injury lawyer by your side.
At Howie, Sacks & Henry LLP, we take care of the legal work so you can focus on what truly matters: your recovery. We offer free consultations and work on a contingency basis, which means you don’t pay us unless we win your case.
If you or a loved one has been seriously injured in a motor vehicle accident, we are here to help. Please contact us today for a no-obligation consultation. At Howie, Sacks & Henry, Hope Starts Here.
