What You Need to Know About Car Accident Laws in Canada?

| Updated on March 21, 2024

Are you one of the miscreants who flee from the crime scene at full speed when faced with an accident? Or are you a victim of a sudden accident whose driver ran away before you could even take a look? It turns out, that’s severe legal misconduct.

Car accident

In case you are directly or indirectly involved in a motor accident, that includes death, injury, and/or loss of property to a party, you need to know the car accident laws in Canada. There are many things that you are legally obliged to do at the scene of the accident. This will help you to protect yourself and settle future claims better.

Your Responsibilities at the Scene

What is the immediate aftermath of an accident? You have turned off your car, gotten out, and now are required to stay on the scene. It is illegal and inhumane to leave the scene of an accident caused by you. So if you aren’t already there, you have to return to the scene immediately. Or you would have to face criminal charges for accidentally hitting someone with your car.

Call an ambulance

If anyone is injured, you must call an ambulance. Unless his needs are clear, do not touch the person. Don’t try to give medical aid to him unless you are a healthcare professional or have medical training. But if a car has caught fire, you can take the burning person out. You can also prevent further accidents by stopping approaching traffic in that area. You can put on hazard signals to warn them.

If the accident got no driver personally injured, there was no violation of law while driving, and the combined property damage to your and his vehicle was under $2000, you are not legally obliged to call the police. Simply report to the Collision Reporting Center. But if any of you caused damage to others’ or state properties, you have to call the police.

Call Police

Again, if there has been a violation of law while driving and combined damage totaled over $2000, you are legally required to call the police and do as they instruct.

The drivers also have the right to obtain information from the parties involved in the scene. Under the Motor Vehicle Act, you can aim to take the address and name of all the drivers on the scene. So when a peace officer comes to the stage, you may provide the information to him to identify that driver prone to accident or injury.

Your Rights After the Accident

It gets very stressful and frustrating when you have to deal with car accidents. It is natural that in the process, you will forget to ask important questions or do what you were required. Most of the time, these end up causing huge losses. 

For example, you didn’t report the accident or forgot to do it in all the trauma. As such, you didn’t also make a claim. Suppose that the damages were under $2000, you may have chosen not to report them. But say that the other party did. So even if your insurance company didn’t get to know it from you, they will know from the insurance company of the other party. In such a case, your insurance provider may cancel or deny renewing your policy.

 Inform your insurance company 

Generally, all policies require you to state the occurrence of the accident, no matter what the damage is. If at times you forget to do so, you might have to face some consequences. It doesn’t matter if you entirely or partially caused the accident, the accident will be counted against you even if you already paid for the damage. But if you were not at fault at all, you will be considered innocent, and your insurance rates will not increase. So under any circumstance, report to and contact your insurance company.

If you are the injured party, you need to hire a car accident lawyer who can work to give you full compensation. Having an auto accident lawyer on your side can make sure your interests are met. If required, your lawyer can seek additional damage depending on whether you have suffered mental anguish, pain, and depression or not.

Hire a legal authority

Getting legal advice is also necessary at times when you are blamed for an accident you didn’t cause. During that time, proving innocence becomes a great deal which needs to be resolved with the help of a lawyer.

Most of the time, those people who are directly faced with an accident are unaware of their rights. So, jumping into the case unprepared would be a bad move. Getting close to a legal team to know more about injury laws in Canada will be your safest bet.

Settlements for Pain And Suffering Damages

The victim has the right as an injured passenger to ask for a settlement. The average settlement amount for the pain and suffering caused by a motor accident in Canada is $120,000. The settlement ranges depending on the severity of the injury caused to the victim. 

Suppose the victim had a severe back injury, the settlement would be estimated from $38,780 to $160,980. But if it was a mild one, it can be settled with $12,510 at most. On the other hand, an extremely severe head injury can get the criminal under the burden of $282,010 to $403,990.

Table for Settlements of Pain and Sufferings Damage

Head$2,210 – $12,770$43,060 – $219,070$282,010 – $403,990
FootUp to $13,740$13,740 – $70,030$83960 – $201,490
ShoulderUp to $7,890$7,890 – $12,770$12,770 – $48,030
Arm$19,200 – $39170$39,170 – $130,930$96,160 – $300,000

Key Takeaways

After considering all the other factors, if you believe that the calculation of fault was incorrect, you may consult with the adjuster of your claim. You can also speak to the Complaint Officer to state your problems if you can provide further evidence on your side or if you think the case wasn’t handled properly.

Keep these laws and rights in your mind the next time you face any accident, big or small. And don’t forget to advise your friends the same!

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