Ottawa Injury Lawyer - 5 thing to keep in mind when injured in an accident and dealing with insurers.
If you have been involved an accident of any kind, there are certain things that you should be aware of when it comes to dealing with your insurance company. The purpose of insurance is to seek compensation at a time of need, for expenses and losses suffered as a result of an accident. Good insurers pay out on valid claims but they are entitled to complete a fair investigation prior to paying compensation.
In order to receive the compensation you are entitled to, there are ways to maximize recovery and ensure you get the compensation you deserve. Here are 5 thing to keep in mind when injured in an accident and dealing with insurers.
1. Don’t sign any statements without first consulting your lawyer: There is no obligation to provide your insurer with a signed statement immediately after the accident. You have the right to consult a lawyer before signing or agreeing to anything. In certain circumstances, you may be compelled to sign a statement under the provisions of provincial statutes such as the Ontario Insurance Act, but you always have the right to speak to your lawyer first. Your lawyer can provide legal advice and guidance on the statement and its significance. After an accident, you are likely to be stressed, angry, tired and may inadvertently admit something that you should not have or make a statement that is not accurate. The shock of the accident may affect the way you remember and recall events and it is best to deal with the situation after some consideration is made to the facts under a more neutral setting.
2. Always tell the truth: Remember that anything you say to the insurance adjuster may be used by against you. Simply be truthful and provide the facts that you know, never guess at the facts. It is always best not to admit anything or apologize for anything after an accident. The issue of who is at fault in an accident is complicated and, in many cases, fault is shared or specific legal rules determine fault that may surprise you. Anything you tell the police or any third parties can be used against you later.
3. No obligation to recorded statements: The insurer may ask you for a recorded statement. There is no legal obligation immediately after an accident to provide the insurance company with a recorded statement. They will seek a recorded statement, but you need not provide one. Your personal injury lawyer can help with statements to insurers to better control the evidence and protect your interests.
4. Injuries are often delayed and hidden: In some cases, injuries sustained in accidents do not appear right away. It takes some time for some injuries to surface or manifest. Things like swelling, internal haemorrhaging and soft tissue injuries may not appear right away. Often bruising becomes much more serious than anticipated and can be a sign of internal injuries. Once the adrenalin from the initial shock of the accident has passed, the injuries can become more clear and pronounced. Avoid providing your insurer with a release authorizing them access to your medical files unless you have obtained legal advice on that issue. Access to records and information can often overreach into irrelevant confidential information about your life. You have the right to protect your privacy while at the same time make full disclosure of relevant information to assist the insurer in their investigation.
5. Settlement prior to legal consultation or medical status fully known: It is always best to retain the services of a personal injury lawyer who can fully assess all of your damages and determine what the proper range of settlement is for your particular case. The insurer will want to pay you the least amount possible. Your settlement should be obtained after the full extent of your injuries are known and you know your full prognosis. An experienced personal injury lawyer can help maximize your recovery.
If you have been injured in an accident, contact us for a free consultation. At Plant Quinn Thiele LLP, we offer free consultations and work on a NO FEE UNTIL YOU WIN BASIS. Call us at 613-315-4878 or e-mail us at mquinn@pqtlaw.com.
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