How to Make an Insurance Claim Against an At-Fault Driver
If you’ve been involved in a motor vehicle accident where another driver is at fault, you may be
entitled to compensation for your damages. Navigating the insurance claim process can be
complex, especially if you’re dealing with the aftermath of an accident. Here’s a step-by-step guide
to help you understand how to make an insurance claim against an at-fault driver in Canada.
1. Ensure Safety and Gather Information
Immediately following the accident, prioritize safety. Move to a safe location if possible, and call
emergency services if anyone is injured. Once it’s safe, gather essential information:
• Names and contact information of all drivers involved
• Insurance information for the at-fault driver
• Details of the vehicles, including make, model, and license plate numbers
• Photos of the accident scene, vehicle damages, and any visible injuries
According to Statistics Canada, there were over 152,000 motor vehicle accidents reported in
2021, highlighting the prevalence of such incidents. Documenting the scene thoroughly can
strengthen your claim.
2. Report the Accident to Your Insurance Company
Notify your own insurance company about the accident as soon as possible, even if you are not at
fault. This is important for several reasons:
• It helps you understand your coverage and what’s available for your claim.
• It establishes a record of the incident.
• Your insurer may assist you in the claims process against the at-fault driver.
In Canada, insurance companies require you to report accidents within a specific period, often
within 7 days.
3. File a Claim with the At-Fault Driver’s Insurance
Once you have all the necessary information, you can file a claim with the at-fault driver’s
insurance company. Here’s what to do:
• Contact the Insurance Provider: Use the at-fault driver’s insurance information to reach
out to their insurer.
• Provide Documentation: Submit all relevant documentation, including the accident
report, photos, and any medical records related to your injuries.
• Complete the Claim Form: Fill out the claim form provided by the at-fault driver’s
insurance company, detailing the accident and your damages.
Be aware that more than 95% of these claims are settled without going to court, making it crucial to
prepare your documentation effectively
4. Know What You’re Claiming For
When filing a claim, it’s crucial to understand the types of damages you can seek compensation
for, including:
• Pain and Suffering
• Loss of Quality of Life
• Loss of Past and Future Income and ability to earn income
• Health Care Expenses
• Housekeeping and Home Maintenance Expenses
• The Effect of the Accident on Your Family Relationships
• Loss of Future Earning Capacity and your loss of competitiveness in the workforce
The general rule of compensation is that you should be no worse off than if the injury or accident
never happened
5. Understand the Injury Claim Process
• Be Cautious with Information: The insurance company will want information, but it’s
crucial that you do not provide them with written statements or sign any forms until you’ve
consulted a lawyer. Any information you give can be used against you in your claim.
• Gather Evidence: Collect evidence to support your claim, including:
o Photos of the accident scene
o Written statements from witnesses
o Police records
o Medical records
o Written reports from your doctor and other experts
According to the Canadian Institute for Health Information, injuries from motor vehicle accidents
are a leading cause of hospitalizations. Gathering this evidence is essential to substantiate your
claim.
6. Communicate Effectively with the Insurance Adjuster
After submitting your claim, an insurance adjuster will likely be assigned to your case.
Here’s how to communicate effectively:
• Be Honest and Clear: Provide accurate information about the accident and your injuries.
• Keep Records of Communication: Document all interactions with the insurance
company, including dates, times, and the names of individuals you speak with.
• Be Prepared for a Follow-Up: The adjuster may want to inspect your vehicle or request
additional documentation. Respond promptly to any requests.
Remember, the insurance company may seek to minimize the claim amount, so be prepared to
advocate for yourself.
7. Negotiate Your Claim
Once the insurance adjuster has reviewed your claim, they will present you with an offer. This offer
may not fully cover your damages, so be prepared to negotiate:
• Evaluate the Offer: Assess the offer based on your documented damages and costs.
• Provide Evidence: Use your documentation, such as medical records and repair
estimates, to justify your counteroffer.
• Stay Firm but Polite: Be assertive in your negotiations while maintaining professionalism.
It’s essential to know that the first offer is often negotiable, so don’t hesitate to ask for what you
believe is fair.
8. Consider Legal Assistance
If the claim process becomes too complicated or the at-fault driver’s insurer refuses to provide a
fair settlement, you may want to consult with a personal injury lawyer. They can:
• Offer expert guidance on your rights and the claims process.
• Handle negotiations with the insurance company on your behalf.
• Represent you in court if necessary.
Many personal injury lawyers work on a contingency fee basis, meaning you only pay if you win your
case. It’s advisable to seek legal counsel to explore your options, especially considering the
complexities of personal injury claims.
9. Act Quickly to Meet Deadlines
Remember to act quickly. Each province has deadlines for when a person must settle their injury
claim or file a lawsuit. If you miss these deadlines, you may lose your right to compensation. For
instance, in Ontario, the limitation period is generally two years from the date of the accident.
Making an insurance claim against an at-fault driver can be a complex process, but with careful
preparation and mindfulness, you can navigate it effectively. Always keep thorough documentation
and don’t hesitate to seek legal assistance if needed. Remember, you deserve fair compensation
for your damages and suffering.
Helping Injured Clients
For over 35 years, CLG Injury Lawyers have helped thousands of injured clients. We fight for your rights to receive the maximum compensation you deserve. Providing you the Peace of Mind to focus on your Road to Recovery. Our experienced personal injury lawyers offer a free, no obligation case evaluation.
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