What To Do If You Have Been Injured In A Motor Vehicle Accident?

Johnny Pak

If you were injured in a motor vehicle accident, it is advisable that you take the following steps:

1. Contact your insurance company and report the accident. Your insurance company should then provide you with information regarding your accident benefits and the applicable forms to complete.
2. See a “Primary Health Care Practitioner” as soon as possible for an assessment of your injury. A Primary Health Care Practitioner is typically a physiotherapist, chiropractor, or physician. To ensure an accurate assessment, it is recommended that you truthfully report all your injuries and symptoms (head to toe, physical and psychological). Your Primary Health Care Practitioner will then complete a Treatment Plan (Form AB-2) outlining your diagnosis, treatment to be provided, and functional goals; and submit it to your insurance company for approval.
3. Complete a Notice of Loss and Proof of Claim (Form AB-1) and submit it to your insurance company. To ensure that your insurance company is properly apprised of your injuries, it is recommended that you truthfully list all your injuries and symptoms on the form. Generally speaking, the timeframes to submit this form are as follows:
   • If your injury is diagnosed as a sprain, strain, or whiplash associated disorder I or II, submit this form within 10 business days of the accident.
     If you have other types of injuries, submit this form within 30 days of the accident.
   • If you are unable to submit this form within the aforementioned timeframes, submit it to your insurance company as soon as practicable and explain the reason for the delay. Your Primary Health Care Practitioner will often submit this form to your insurance company on your behalf (after you have completed it) along with his or her Treatment Plan (Form AB-2). You should retain a copy for your records.
   • After you have submitted this form, your insurance company should contact you about the accident benefits you are entitled to receive.
4. If you are unable to work due to your injuries, complete a Claim for Disability Benefits (Form AB-1A) and submit it to your insurance company. You will need to visit your attending physician in order to complete this form. If you are disabled, you may be entitled to a maximum weekly disability benefit of $400 after seven (7) days of such disability for up to 104 weeks.
5. File an accident report with the police. You are required to report the accident to the police if anyone is injured or the total damage to all vehicles and property appears to be more than $2,000.
6. Contact a personal injury lawyer for further information and advice.