Car Accident FAQs

Step 1 – Ensure safety:

  • Assess the condition of everyone in your vehicle.
  • Turn on hazard lights.
  • If traffic permits, clear the road by moving vehicles and passengers away from traffic to a safe location.
  • Do not move those who are injured.
  • Do not stand in between two vehicles to inspect damage.
  • Do not stand in front of or behind a vehicle to inspect damage.
  • Use traffic cones, warning triangles or flares when necessary.

Step 2 – Call 911 if your car accident involves any of the following:

  • Fatalities.
  • Serious injuries.
  • Vehicle damaged to the point of being undrivable or a safety concern.
  • Significant traffic blockages.
  • Criminal activity such as impaired driving, assault, stolen vehicle, or reckless driving.
  • Driver who fails to remain at the scene after the accident.
  • Driver who cannot produce a driver’s licence.
  • Driver whose driver’s licence is suspended.
  • Driver who cannot produce proof of insurance.
  • Driver who cannot produce proof of registration.
  • Cyclists or pedestrians who have been injured.
  • Damages to private, municipal, or highway property.

Step 3 – Record & exchange information.

  • For specific list of information to record and exchange, see below FAQ.

Caution – Do not:

  • Voluntarily assume responsibility or liability for the accident.
  • Sign any statements regarding fault.
  • Pay or promise to pay for damages.
  • Accept money or discuss any settlement.
  • Agree to deal with the accident privately without going through insurance.
  • Agree to forget about the collision.

Step 1 – Take photos of the following:

  • Visible injuries.
  • Damage to all vehicles.
  • Position of the vehicles.
  • Weather & road conditions.

Step 2 – Record the following information:

  • Witnesses’ contact information.
  • Date & time of the accident.
  • Location of the accident.
  • Direction of travel for every vehicle involved.
  • Estimated speeds for every vehicle involved.
  • Circumstances leading up to the accident.

Step 3 – Exchange information with other drivers:

  • Downloadable Collision Information Form
  • Vehicle driver’s information:
  • Name
  • Address
  • Driver’s licence number
  • Phone
  • Email
  • Vehicle owner’s information:
  • Name
  • Address
  • Driver’s licence number
  • Phone
  • Email
  • Vehicle information:
  • Licence plate
  • Make
  • Model
  • Year
  • Colour
  • Insurance Information:
  • Insurance company
  • Policy number
  • Policy holder name
  • Expiration Date

Step 1 – Advise them of the law.

  • Drivers involved in a car accident are required by law to provide information to each other regardless of fault.

Step 2 – Record observable information:

  • Licence plate (write down or photograph).
  • Vehicle make, model, and colour.
  • Driver description.
  • Look for and record the details of independent witnesses at the scene.

Step 3 – Contact the Police.

  • If Step 1 does not compel the other driver to give you their information, contact the Police via 911.

Step 1 – Record observable information.

  • Licence plate (write down or photograph).
  • Vehicle make, model, and colour.
  • Driver description.
  • Last direction of travel of the vehicle.
  • Look for and record the details of independent witnesses at the scene.

Step 2 – Contact the police.

  • Must be Reported – Hit & Run incidents need to be reported to the police via 911.

Caution – Do not:

  • Attempt to follow the vehicle.

Step 1 – Seek medical treatment:

  • If you are injured – seek medical treatment from licenced healthcare providers as soon as possible to rule out serious conditions and properly document your injuries for possible future claims.
  • Tell your doctor and physiotherapist everything that is bothering you – even if it seems minor. Some injuries take time for the symptoms to emerge after an accident. Follow your healthcare providers’ treatment advice and recommendations and continue to attend treatment and rehabilitation as recommended.
  • Healthcare provider locations near you.

Step 2 – File Collision Report:

  • Must be filed – if total damage to all vehicles and property appears to be more than $2,000. Failure to file a Collision Report when required may result in a fine and demerit points. Bring following documents with you to file a Collision Report:
  • Driver’s License of the person who was driving.
  • Vehicle registration.
  • Insurance Pink Card.
  • Information of the other vehicle and driver involved in the collision.
  • If you are unsure if damages is higher than $2,000 – file collision report to be safe.
  • Collision Report filing locations near you – Collision reports must be filed in person in the jurisdiction where the accident took place. Collision Reports cannot be filed online.
  • If your vehicle is drivable – attend a Collision Report filing location with your vehicle.
  • If your vehicle is not drivable – the tow company will transport you and your vehicle to a Collision Report filing location directly from the scene.

Step 3 – Notify your own insurance company:

  • As soon as possible – and advise your insurer of the details of the collision, including damages to your vehicle, personal property inside of your vehicle and injuries.
  • Open Property Claim – to access insurance coverage for damages to:
  • Vehicle.
  • Property within vehicle.
  • Open Accident Benefits Claim – to access insurance coverage for:
  • Medical, rehabilitation and treatment expenses.
  • Income replacement for loss of work due to injures.
  • Death, funeral, and grief counselling expenses.

Required by law – when damage is higher than $2,000:

  • Auto-body shops cannot legally repair damaged vehicles with more than $2,000 in damages without a damage sticker.

If you are unsure if damage is higher than $2,000:

  • File collision report and obtain collision sticker.

General Rule:

Fundamentally, determining fault in a car accident comes down to the question of who violated the traffic laws and road rules during the moments leading up to the car accident. In situations where there is a dispute regarding how the car accident happened, the victim or their legal representative may need to take additional steps to establish the position that they were not at-fault, such as:

  • Obtaining the full Police Report
  • Obtaining witness statements
  • Obtaining the opposing party’s version of events
  • Obtaining transcripts of any calls made to emergency services
  • Obtaining any video footage of the accident
  • Retaining the services of private investigators
  • Retaining the services of collision reconstruction engineers
  • Conducting legal research
  • Negotiating with the at fault party’s insurance company
  • Scheduling and conducting questioning under oath on the issue of liability

Partial Fault:

Car Insurance FAQs

Coverage 1 – Property Damage:

  • Policy Limit:
  • Damage to property including vehicle – up to $1,000,000.
  • Damage of personal property in and on vehicle – up to $20,000.
  • Deductible – Typically $0.
  • How fault affects coverage for property damage:
  • If you were not at fault for the accident – your own insurance company will cover repair expenses to your vehicle and damage to property inside of your vehicle.
  • If you were partially at fault for the accident – your own insurance company will cover repair expenses to your vehicle and damage to property inside of your vehicle based on the percentage you were found to be not at fault for the accident.
  • If you were at fault for the accident – your own insurance company will not cover any repair expenses unless you have purchased optional collision coverage.

Coverage 2 – Accident Benefits:

  • Policy Limit – Up to $50,000 per person.
  • Medical or Treatment Expenses – your own insurance company will cover medical or treatment costs for the driver and all passengers inside of your vehicle regardless of who was at fault. These will typically include:
  • Ambulance bills.
  • Physiotherapy.
  • Massage therapy.
  • Chiropractic care.
  • Acupuncture.
  • Psychological counselling.
  • Dental work.
  • Occupational therapy.
  • Professional nursing.
  • Prescription medications.
  • Medically necessary equipment.
  • Medically necessary home modifications.
  • Medically necessary vehicle modifications.
  • Any other treatment deemed necessary by a doctor.
  • Wage Loss Benefits – your own insurance company will cover losses in wages for the driver and all passengers inside of your vehicle regardless of who was at fault.
  • Applicant must have suffered losses in wages due to a continuous inability to perform their job duties that was caused by injuries they sustained in the car accident.
  • The wage loss benefit will cover 80% of the injured person’s pre-accident income, up to a maximum of $600 per week for up to 2 years.
  • Homemaker’s Benefits – your own insurance company will cover loss of ability to perform household duties for the driver and all passengers inside of your vehicle regardless of who was at fault.
  • Applicant must be over the age of 18 and unemployed.
  • Homemaker’s Benefit will cover $200 per week for up to 2 years.
  • Death Benefits – in the event of the death of the driver or any passengers, your own insurance company will provide death benefits to the surviving head of the household or surviving spouse.
  • Amount of death benefits will depend on the deceased’s age and status in the household at the time of death.
  • Funeral & Grief Counselling Expenses – in the event of the death of the driver or any passengers, your own insurance company will provide the following:
  • Up to $6,150 for funeral expenses.
  • Up to $500 per family for grief counselling.

Coverage 3 – Compensation for Personal Injury:

No – Insurance premiums are not impacted by opening claims.

  • Your insurance company will not increase your rates for a car accident if you were not at-fault for the car accident.

Insurance premiums are increased by being involved in at fault accidents.

  • If you were found to be at-fault for a car accident, the accident will stay on your Alberta Driver’s Abstract for 6 years. Therefore, you can expect your insurance premiums to be affected for up to 6 years after an at-fault car accident.

Inform them of your injuries:

  • Contact your own insurance company to inform of them of the following to preserve your right to claim for Accident Benefits coverage:
  • Your injuries – for medical treatments and rehabilitation benefits.
  • Your loss or reduction in work – for wage loss benefits.

Inform them of your property damage:

  • Contact your own insurance company to inform of them of the following to preserve your right to claim for property damage coverage:
  • Damage to your vehicle.
  • Damage to property within and on your vehicle.

You are not obligated to speak to anyone else’s insurance company:

Do not agree to anything without consulting a lawyer first. The at-fault driver’s insurance company may contact you after a car accident and offer a settlement in exchange for closing the case and releasing them from future lawsuits. They do this because it is in their financial interest to resolve claims by offering the victim far lower compensation than what the victim could receive if they retained legal representation for their claim. According research conducted by the Insurance Research Council, injured parties who were represented by a lawyer on average received 3.5X times the settlement amount when compared to injured parties who settled their claims without a lawyer.

Consult with a lawyer for free:

Personal injury lawyers in Alberta typically offer frees consultations. This is true for Chinook Law as well. It will cost you nothing to talk to us about your case and we can give you preliminary advice on whether you have a claim and your probability of success.

The Government of Alberta created the Motor Vehicle Accident Claims (MVAC) Program specifically to ensure that victims of car accidents who were injured by uninsured drivers have a place where they can sue and receive payment for their personal injuries. If you have been injured by a driver without insurance coverage, then you may qualify for compensation under the MVAC Program.

  • The MVAC Program has a maximum combined payments for all victims of an accident of $200,000.
  • After compensation is paid to the victims of the car accident, the Government of Alberta will then attempt to recover the amount paid to all victims from the at-fault driver.

Caution:

  • MVAC Program claims can be highly complex in terms of legal procedure and has very tight procedural deadlines. If you have been injured by an uninsured driver and wish to claim compensation for injuries and other damages, we highly recommend consulting with and retaining the services of a personal injury lawyer as soon as possible.

The Government of Alberta created the Motor Vehicle Accident Claims (MVAC) Program specifically to ensure that victims of car accidents who were injured in hit and run accidents have a place where they can sue and receive payment for their personal injuries. If you have been injured by a driver who left the scene before you can record their information, then you may qualify for compensation under the MVAC Program.

  • Notification Deadline – The injured person must notify the MVAC Program about their potential claim within 90 days of the accident. Failing to notify the MVAC Program before this deadline can result in their claim being denied.
  • The MVAC Program has a maximum combined payments for all victims of an accident of $200,000.

Caution:

  • MVAC Program claims can be highly complex in terms of legal procedure and has very tight procedural deadlines. If you have been injured in a hit and run car accident and wish to claim compensation for injuries and other damages, we highly recommend consulting with and retaining the services of a personal injury lawyer as soon as possible.

Fault can be disputed:

It is important to understand that “fault” as determined on the police collision report is not final and can be disputed. When it comes to claiming for compensation for injuries arising out of a car accident, determining who was at fault for the accident will depend on the facts of how your car accident happened. When there is a genuine disagreement on how the accident happened, it is best to contact a personal injury lawyer to get advice.

Partial fault:

Being partially at-fault for an accident does not prevent you from seeking damages from other parties involved in the accident. However, the amount of the compensation you are entitled to receive will be reduced according to your proportion of fault.

Do not agree to any settlement without consulting a lawyer first:

The at-fault driver’s insurance company may contact you after a car accident and offer a settlement in exchange for closing the case and releasing them from future lawsuits. They do this because it is in their financial interest to resolve claims by offering the victim far lower compensation than what the victim could receive if they retained legal representation for their claim. According research conducted by the Insurance Research Council, injured parties who were represented by a lawyer on average received 3.5X times the settlement amount when compared to injured parties who settled their claims without a lawyer.

Consult with a lawyer for free:

Personal injury lawyers in Alberta typically offers free consultations. This is true for Chinook Law as well. It will cost you nothing to talk to us about your case and we can give you some preliminary advice on whether you have a claim and your probability of success.

Due to the body’s natural responses to stress in a car accident, there can be a significant delay between the time of the accident and the appearance of symptoms and injuries. Therefore, it is essential to seek medical attention immediately after a car accident, even if you do not have any signs of injury.

Sources of Income Replacement:

Chinook Law’s Services FAQs

You don’t need a lawyer, but you really should have a lawyer:

If you have been injured in a car accident, there is nothing that prevents you from representing yourself in your claim against the at-fault driver’s insurance company. However, you should understand that insurance companies have vast resources, highly trained claims adjusters, and an army of lawyers to resolve claims for as little an amount as possible to protect their bottom line. In this situation, it is a good idea to obtain legal representation who understands the law as well as the rights they provide you just to even your odds of success.

Data from the Insurance Research Council indicate that injured parties who were represented by a lawyer on average received 3.5X times the settlement amount when compared to injured parties who settled their claims without a lawyer. Therefore, even after the lawyer’s legal fees are taken into consideration, the injured person still benefits from legal representation by a large margin. Considering that personal injury lawyers in Alberta typically offer free consultations and a “no-win, no fee” policy, there is no reason not to retain a lawyer for your claim.

As Soon As Possible:

You should contact a personal injury lawyer as soon as possible after you have been in a car accident so that you can be aware of you rights and be advised on what you should do to preserve your claim. Chinook Law offer free consultations so there is never any financial obligation on your end for talking to us about your car accident.

Chinook Law does not charge ongoing fees:

Chinook Law does not bill by the hour. We charge our fees based on a percentage of the final settlement we obtain on your behalf once your claim concludes. We also guarantee that if no funds are recovered at the end of your case, you will pay nothing to us. Our pricing is transparent and without any hidden fees, so you know exactly what to expect every step of the way.

You may have a case if you meet all the following criteria:

  • Your car accident occurred in the province of Alberta.
  • Your car accident occurred less than 2 years ago.
  • You were not at-fault for the car accident, or you were only partially at fault for the car accident.
  • You suffered pain or injuries due the car accident.

If you are unsure about whether or not you have a case, you can take advantage of our Free Consultations at any time to discuss your situation with us, during which we can provide you with a personalized assessment of your eligibility for a claim.

No Fees. No Obligations:

Chinook Law offers consultations for car accident claims free of charge. During your consultation, you can ask any questions you may have. We will listen to your side and inform you as to whether you have a case, explain to you the strengths and weaknesses of your case, and outline your available options without pressure. If you decide to retain us to represent you in your injury claim, we can open your file right away, but there is never any obligation on your part.

Person injured was over 18 years old on the date of their accident:

  • In Alberta, adults have 2 years from the date of their accident to file a claim for their injuries.

Person injured was under 18 years old on the date of their accident:

  • In Alberta, minors have until their 20th birthday to file a claim for their injuries.

Person was injured by a Hit & Run car accident:

  • In Alberta, those injured by hit & run car accident have 90 days from the date of their accident to notify the MVAC Program of a potential claim.
  • Once the notification requirement is satisfied, the time left to file a claim follows the above rules based on the injured person’s age on the date of the accident.

No:

Once a person has been determined to be at-fault for a car accident, their increase premiums will increase from then on unless they have purchased the “Accident Forgiveness” endorsement as part of their automobile insurance policy. The injured person suing the at-fault driver and winning a settlement or judgement later on will not cause the at-fault driver’s insurance premiums to increase further. The business model of insurance companies is such that they do not seek to be profitable on each and every policy holder, but seek to be profitable across a large pool of policy holders.

It is difficult to forecast in advance what any particular claim is worth since many factors are involved in valuing a claim that are different from case to case and over time. Because the law takes into consideration the nature of a person’s injuries over time, as well as how these injuries affected their daily lives, the value of a claim cannot be accurately calculated until far after a person’s initial injuries. That being said, see our page below for a detailed breakdown of the various categories of compensation a person may be entitled to after a car accident:

Good and Services Tax (GST):

  • Your Settlement Amount – You will not have to pay any GST on the final settlement funds you receive.
  • Our Legal Fees – Legal services are considered as a “service” according to the Canada Revenue Agency. Therefore, GST is charged on our legal fees.
  • Our Disbursements – Some disbursements are taxable while others are not. We will charge GST on the taxable disbursements based on the applicable rules.

Income Tax:

  • No Income Tax – The Canada Revenue Agency does not consider compensation you receive from a personal injury settlement to be taxable income. Therefore, the settlement funds you receive from Chinook Law will be income tax exempt.

Average time to settlement for Chinook Law:

  • General Rule – the majority of Chinook Law’s personal injury claims begin settlement negotiations at approximately 2 years after the date of the accident. Most personal injury claims handled by Chinook Law reach settlement between 2 years and 4 months to 2 years and 11 months.
  • Factors that affect the duration of a claim’s time to settlement – A negotiated settlement can be reached at any time after the initial injuries. However, entering into settlement negotiations before the injured person has reached the point of Maximum Medical Recovery (MMR) tends to result in reduced settlement figures because of the difficulty of property assessing the injured’s persons damages.
  • Factor 1: Seriousness of the Accident – more serious car accidents will take longer to resolve than less car serious accidents. This is because more serious car accidents tend to result in injuries that take longer to reach the point of Maximum Medical Recovery (MMR).
  • Factor 2: Client Expectations – the higher the client’s expectations are in terms of amount of negotiated settlement, the more likely it is for their claim will take longer to resolve.
  • Factor 3: Litigation Delays – if a negotiated settlement cannot be reached with the at-fault driver’s insurance company, then certain legal procedural steps must be taken which will cause delays in resolution.

Average time to trial decision:

  • The vast majority of personal injury claims are resolved through a negotiated settlement without going to trial. Delays imposed by the trial process are largely outside of the control of the lawyers. The average time between date of an accident and a decision at the Alberta Court of King’s Bench was 9 years and 7 months for the 10 most recent motor vehicle accident personal injury trials.

1 – Follow the advice of your healthcare providers:

  • When you visit your doctor or any other healthcare provider, tell them about all of your symptoms and how these symptoms have affected your daily living. Do not leave anything out and let the professional decide whether a symptom requires further attention.
  • Follow all treatment recommendations given to you by a healthcare provider.
  • Follow up with your healthcare providers regularly so that they may document the progress of your symptoms and injuries over time.
  • Try your best to not miss any treatment appointments. If you do, reschedule as soon as possible.

2 – Keep your lawyer informed.

  • To properly build your file, notify your lawyer about any development you feel may be important to your claim, such as:
  • Changes in treatment.
  • Independent Medical Examination (IME) requests.
  • Insurance coverage disapproval.
  • Changes to employment.
  • Changes to address or contact method.

3 – Stop using social media or switch settings to private.

  • Do not discuss your case with anyone aside from your healthcare providers and your lawyer.
  • Do not post anything about your case online.
  • Do not post anything online that can be viewed as contrary to your healthcare provider’s advice.

4 – Maintain records of out of pocket expenses.

  • At the end of your claim, you will be entitled to any out of pocket expenses you incurred due to the accident that was not covered by insurance. Therefore, it is important to keep these receipts.

5 – Keep track of housekeeping duties.

  • Keep track of how much assistance friends and family provided you in terms of housekeeping duties.
  • Keep track of how much you paid someone to assist you in your housekeeping duties.

Possibly, but highly unlikely:

In the decade between 2010 and 2020, Albertans were involved in 1,404,406 reported traffic collisions where 176,586 individuals reportedly suffered injuries. In the same 10-year period, only 17 claims were resolved through trial at the Alberta Court of King’s Bench. No data is available on how many claims were opened during this time by those who were injured, however, based on the above presented figures, it can be surmised that the probability of having to go to trial to resolve your claim is far fewer than 1 in 1,000.