Edmonton Car Accident Claims

Frequently Asked Questions

What should I do immediately after a car accident?

Critical steps:

• Ensure safety: Move to a safe location if possible and check for injuries to yourself and others involved.
• Call emergency services: Dial 911 for medical emergencies or police assistance if needed.
• Exchange information: Get contact and insurance details from all parties involved in the accident.
• Document the scene: Take photos of vehicles, damage, road conditions, and any visible injuries.
• Report to police: File an accident report, especially for injuries or significant property damage.
• Seek medical attention: Get checked by a healthcare professional, even if you don’t feel injured.

How long do I have to file a claim?

In Alberta:

• 2 years from accident date: This is the standard limitation period for personal injury claims.
• Different for minors: Minors have 2 years from their 18th birthday to file a claim.
• Different for government claims: Special rules apply for claims against government entities.
• Exceptions possible: Some circumstances may extend or shorten the limitation period.
• Strict deadlines apply: Missing the deadline can prevent you from making a claim.
• Legal advice recommended: Consult a lawyer to understand your specific timeline.

What if the other driver is uninsured?

Options include:

• Your own insurance: Your policy may include uninsured motorist coverage for these situations.
• Uninsured motorist coverage: Special coverage for accidents with uninsured drivers.
• Legal action: You may be able to sue the uninsured driver directly for damages.
• Government compensation: Alberta has a Motor Vehicle Accident Claims Program for these cases.
• Special circumstances: Different rules apply for hit-and-run accidents.
• Legal advice crucial: A lawyer can help navigate these complex situations.

How is fault determined?

Factors considered:

• Police reports: Official documentation of the accident scene and statements from involved parties.
• Witness statements: Accounts from people who saw the accident and can provide independent testimony.
• Traffic laws: Violations of traffic regulations and right-of-way rules at the time of the accident.
• Evidence: Photos, videos, and physical evidence from the scene of the accident.
• Expert opinions: Accident reconstruction specialists and medical experts may be consulted.
• Court decisions: Previous cases with similar circumstances may be considered.

What compensation can I receive?

Possible compensation:

• Medical expenses: Coverage for past and future medical treatment costs related to the accident.
• Lost income: Compensation for wages lost due to injury and reduced earning capacity.
• Vehicle repairs: Cost to repair or replace your vehicle to its pre-accident condition.
• Pain and suffering: Compensation for physical and emotional distress caused by the accident.
• Future care costs: Coverage for long-term medical and support needs resulting from injuries.
• Rehabilitation needs: Payment for physical therapy and other recovery services.

What is a no-fault insurance system?

Alberta’s system:

• Your insurer pays: Your own insurance company handles your claim regardless of who caused the accident.
• Regardless of fault: You can make a claim even if you were responsible for the accident.
• Quicker payments: Claims are processed faster than in fault-based systems.
• Limited lawsuits: Restrictions on suing other drivers for minor injuries.
• Specific rules: Different thresholds apply for different types of claims.
• Exceptions apply: Serious injuries may allow lawsuits against at-fault drivers.

How do I deal with insurance companies?

Important steps:

• Get legal advice: Consult a lawyer before speaking with insurance adjusters.
• Document everything: Keep records of all communications and expenses related to your claim.
• Don’t sign quickly: Review all documents carefully before signing any agreements.
• Review offers carefully: Ensure settlement offers cover all your needs and future expenses.
• Keep records: Maintain copies of all documents and correspondence with the insurance company.
• Know your rights: Understand what you’re entitled to under your policy and Alberta law.

What if I’m partially at fault?

Alberta follows:

• Contributory negligence: Your compensation may be reduced by your percentage of fault.
• Percentage reduction: If you’re 20% at fault, you receive 80% of the compensation.
• Comparative fault: The court determines each party’s degree of responsibility.
• Shared responsibility: Multiple parties can share fault for an accident.
• Impact on compensation: Your recovery amount depends on fault percentage.
• Legal advice crucial: A lawyer can help protect your interests in fault disputes.

How long does a claim take?

Timeline depends on:

• Injury severity: More serious injuries typically take longer to resolve.
• Treatment duration: Claims often wait until treatment is complete to assess full impact.
• Liability issues: Disputes over fault can prolong the process.
• Insurance response: How quickly the insurance company processes the claim.
• Court availability: If the case goes to court, scheduling can affect timing.
• Settlement negotiations: Time needed to reach a fair settlement.

What is a contingency fee?

Contingency fee means:

• No upfront costs: You don’t pay legal fees until your case is resolved.
• Payment only if successful: If you don’t recover compensation, you don’t pay legal fees.
• Percentage of recovery: Typically 25-40% of the settlement or award.
• Risk shared with lawyer: The lawyer takes on the financial risk of the case.
• Clear fee agreement: All terms should be in writing before starting.
• Expenses may apply: Some costs may need to be paid regardless of outcome.

What is a structured settlement?

Structured settlement:

• Regular payments: Compensation paid over time instead of one lump sum.
• Tax advantages: Structured settlements often have tax benefits.
• Long-term security: Provides financial stability for future needs.
• Customized schedule: Payments can be tailored to your specific needs.
• Financial planning: Helps manage long-term financial requirements.
• Future needs covered: Ensures funds are available when needed.

What is alternative dispute resolution?

Options include:

• Mediation: Neutral third party helps negotiate a settlement.
• Arbitration: Private judge makes a binding decision.
• Settlement conferences: Court-supervised negotiation process.
• Early neutral evaluation: Expert assessment of case value.
• Collaborative process: Both sides work together to resolve.
• Faster resolution: Typically quicker than going to trial.

How do I prove my injuries?

Evidence needed:

• Medical records: Documentation of treatment and diagnosis from healthcare providers.
• Expert reports: Specialist opinions on injuries and long-term prognosis.
• Witness statements: Accounts from people who saw the accident and its impact.
• Photographic evidence: Pictures of injuries and accident scene.
• Employment records: Documentation of lost wages and work impact.
• Financial documentation: Proof of expenses and financial losses.

What if I can’t work?

Options include:

• Disability benefits: Short-term and long-term disability coverage.
• Income replacement: Compensation for lost wages.
• Vocational rehabilitation: Help finding suitable employment.
• Retraining programs: Assistance learning new job skills.
• Modified duties: Workplace accommodations for your injuries.
• Long-term support: Ongoing financial assistance if needed.

How do I find a good lawyer?

Consider:

• Experience: Look for lawyers with specific car accident experience.
• Success rate: Track record of successful settlements and verdicts.
• Reputation: Standing in the legal community and client reviews.
• Communication: Clear, responsive communication style.
• Fee structure: Understand how and when fees are paid.
• Client reviews: Feedback from previous clients.