The moments immediately after a motor vehicle accident can be chaotic and confusing, even if the collision is minor. This is particularly true if you sustained injuries.
A motor vehicle accident is an unfortunate event that can come completely out of the blue. You may have been an attentive driver obeying the rules of the road, yet are forced to re-adjust your life, often as a result of someone else's negligence. Naturally, most people do not have a plan in place in the event of a motor vehicle accident, and they are stuck trying to navigate their recovery, police investigations and our complicated insurance system, including property damage, accident benefits and tort claims.
Your immediate concern after an accident should be your safety and welfare, along with that of anyone who happens to be with you. Once you are out of harm's way you will likely face many decisions directly related to the collision, including how to deal with the insurer.
It is only natural to want to put an accident behind you quickly so you can move on with your life, but hasty insurance decision after an accident can have a detrimental effect on your future. It can be in your best interest to seek legal representation before making any commitments about compensation, so you fully understand your legal rights and potential claims. The team at Gluckstein Lawyers has been assisting victims of motor vehicle accidents for almost six decades and we are here to help you face the challenges put before you.
Bad Memories Are Often Suppressed.
Most people prefer to forget bad experiences quickly. In fact, studies have shown that our brains may be wired to suppress bad memories.
Researchers say a small number of people can experience dissociative amnesia, a phenomenon that occurs when your mind blocks out important information "causing gaps in your memory." It often happens in "very traumatic experiences."
One way of forgetting a bad experience is to put it behind us quickly and if you have been in a car accident, that is understandable. Therefore, people might look for the first opportunity to end their claims, which can often come in the form of an early settlement offer from the insurance company. However, it can be a mistake to agree to an insurance settlement simply to put the ordeal in the past. Your world can change instantly and dramatically in mere moments and there could be unforeseen future twists and turns you didn't anticipate.
Your Injuries May Not Be Obvious.
Motor vehicle accidents can cause a multitude of injuries including broken bones, lacerations and burns. Some injuries are readily apparent and the treatment is obvious. However, some of the harm suffered may not be immediately, or easily, diagnosed.
When you are in an accident your body releases adrenaline into your bloodstream. It can increase your heart rate and breathing. It can also reduce the ability to feel pain. As well, if you suffer a soft tissue or internal injury or a concussion the pain may not be readily apparent. Some people feel fine immediately after a collision, and sometimes it can take hours, days, or even weeks for someone to understand that they have been injured.
Even if you believe you are fine or your injury is minor, you should seek medical attention as quickly as possible. You will want a doctor to not only determine the full extent of your injuries and provide a treatment plan but also record their diagnosis in case you decide to file a claim. It is important to remember to be open and honest with your doctor and avoid exaggerating your injuries. That could affect the credibility of your claim.
You Don't Have to Accept the Insurer's First Offer.
It is not uncommon for an insurance adjuster to contact you and make an offer to settle. In fact, you may feel pressured to take a settlement proposal from an insurance company. They might tell you that this is the only offer you will receive, and if you do not accept, they will refuse to pay any compensation in the future. When faced with the choice of getting some compensation, versus no compensation, many people will accept. However, by reaching a full and final settlement of your claim, you can not reopen your claim and ask for money in the future if you realize that your injuries and damages are worse than you thought. Therefore, it is important to stress that you are under no obligation to agree to a first offer, or an early settlement.
As stated above, a victim's injuries and damages are not always apparent at the beginning. There are many open questions such as the victim's diagnosis, potential for future treatment and surgeries, prognosis, and impact on their ability to work or take care of themselves. Some of the questions take years to answer. For example, someone might return to work shortly after the accident but realize after a year that their injuries are too severe to continue working. In this example, it would not have been obvious in the first few months that this person had a potential income loss claim. Had their claim been settled early, it would likely not have included any damages for loss of income.
There are many types of damages, or benefits that can be claimed in a tort or accident benefits claim that must be fully considered and assessed prior to a settlement to ensure that the compensation is fair. Some of these include:
- Pain and Suffering
- Past and future income loss
- Loss of competitive advantage
- Medical and rehabilitation benefits
- Attendant care benefits
- Income replacement benefits
- Non-earner benefits
- Caregiver benefits
- Housekeeping benefits
- Catastrophic benefits
- Death and funeral benefits
While an initial offer may seem fair in the moment, you must consider that once you accept you no longer have the legal right to pursue a personal injury or accident benefits claim. The compensation you received from that first offer may not be sufficient to cover the cost of treatment or any loss of income.
Take the Time to Consider Your Options.
Dealing with an insurance company can be stressful especially when you just want to get on with your life and forget the accident. We understand that. However, it is in your best interest to talk to an experienced personal injury lawyer who can determine if an offer is fair and discuss the pros and cons of accepting. It is often wise to consult with a personal injury lawyer as soon as possible, and before any negotiations with the insurance company, so that they can explain your rights, and properly investigate coverage, liability and your potential damages. A lawyer can also ensure that you are complying with any deadlines, such as the two-year limitation period that applies to personal injury claims in Ontario.
If you need advice about the best path forward following a serious motor vehicle accident, contact us for a no obligation, free consultation. After listening to what happened the team of motor vehicle accident lawyers at Gluckstein Lawyers will discuss your options and help set your mind at ease.