How a Failure to Report your Accident and Injury may result in Forfeiture of your Claim
If you or someone you love has been injured in a car accident, along with seeking immediate medical attention, it is important to report the incident to the police and in writing to your insurance provider. It is not unusual for injuries to later develop complications or worsen over time. A medical diagnosis and formal report of the accident are key evidence if you wish to make a claim for compensation. " Whether you were involved in a collision with another party, a hit and run accident or a single car collision, there are regulations and legal reporting requirements that can affect your eligibility for injury compensation. " Failure to properly report a car accident can lead to very costly repercussions, as Ms. Monico learned in a 2015 action against her insurer.
Ms. Monico was allegedly involved in a car accident on April 10, 2010. Ms. Monico claimed that an unidentified vehicle, which had stopped in front of her at a red light, suddenly reversed when the light turned green and struck her car before fleeing the scene. At the time of the incident, Ms. Monico was receiving benefits from her insurer State Farm, in connection to a previous accident that occurred in February 2009. This earlier accident resulted in injuries to Ms. Monico's neck and back; injuries she claimed were exacerbated as a result of the incident on April 10. According to Ms. Monico, she called the office of her insurance broker to inform him of the accident. She did not speak to her broker, but instead spoke to a female employee with whom Ms. Monico claims she had previous dealings and who she allegedly told that she had neck and back pain. " Ms. Monico stated that the woman advised her that, as the accident resulted in no damage to her car and the benefits she was already receiving from the previous accident would continue, she was not required to do anything further with regard to this latest incident. Ms. Monico did not report the 2010 accident to the police or the vehicle collision centre, nor did she make any notes of the conversation she allegedly had with the insurance employee. As a result, when Ms. Monico later attempted to claim for unidentified motorist coverage from State Farm, she was denied, which prompted her to file a civil suit against her insurer. " In" Monico v State Farm Mutual Automobile Insurance, 2015," State Farm sought a summary judgement to dismiss the claim on the grounds that it is statute-barred, due to Ms. Monico's failure to comply with statutory conditions of" The Insurance Act" and the Uninsured Automobile Coverage. The specific sections of" The Insurance Act" relevant to this case deal with the notice and disclosure requirements claimants are obligated to follow, prior to starting an action for losses resulting from injuries received in a motor vehicle accident. The requirements include:-
the injured person must have applied for Statutory Accident Benefits
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a written notice of intent to start the action must be served within 120 days of the incident
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the defendant (insurer) must be provided with information required by regulation within the time period prescribed
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the injured person must undergo medical examinations (paid for by the defendant or insurer) if they request them within 90 days after the notice is sent
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a statutory declaration must be provided to the defendant (insurer), describing the incident and nature of the claim being made, if requested
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provide evidence of the injured person's identity, if requested
If someone fails to comply with these reporting requirements, they may commence an action for compensation but the Courts will take their non-compliance into consideration when awarding costs.
Uninsured Automobile Coverage under the" Insurance Act" pertains to accidents involving unidentified automobiles, such as hit and run accidents. In such cases, the injured person must comply with the following reporting requirements.-
report the accident to a police officer, peace officer or judicial officer within 24 hours of the incident.
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provide a written statement to one's insurer within 30 days of the accident, stating whether or not the identity of the driver of the unidentified vehicle could be established and whether anyone was injured or killed in the collision.
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the injured person under contract must make their vehicle available for inspection by their insurer, if requested.
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