If you have been injured in a car accident in Ontario, it is important to contact your own insurance company immediately to inquire about your accident benefits.
Your insurance company will refer you to an accident benefits adjuster.
Whether you were at fault for the accident or not, your benefits adjuster may assist you with determining the benefits to which you are entitled.
The benefits adjuster should provide you with the forms you need to fill out to make your accident benefits claims.
However, you need to be careful when dealing with your insurance adjuster.
The adjuster may not always be as helpful as you would like.
It is the adjuster's job to pay out as little for your claim as possible and this goal is often in direct opposition to your own goal of getting treatment and other benefits paid to you.
A fair accident benefits adjuster will assist you through the benefits process until you have recovered from your injuries.
However, you must always look out for yourself in the process.
It is important that you don't allow an benefits adjuster make you feel guilty for making a claim for accident benefits.
If you are injured from a motor vehicle accident and suffering as a result of your injuries, then you are entitled to the accident benefits.
Adjusters' attempts to make you feel guilty are simply attempts to get you to drop your claim.
Don't let the adjuster bully you.
Know the accident benefits to which you may be entitled and ask for them.
The benefits adjuster may not advise you of all the benefits that you are entitled to receive.
It is advisable to consult with a lawyer to become familiar with the full range of accident benefits you should receive.
Accident benefits adjusters make notes of everything you say.
They are trained to assume you are not injured or not as injured as you say you are.
Therefore, be careful about what you say.
The benefits adjuster is not your friend as far as your claim is concerned.
You will be cut off of your benefits if you say the wrong thing.
For instance, if an accident benefits adjuster calls you on a day when your medications have helped to reduce your pain, and you say you are feeling better, you can count on that statement being used by the insurance company to prove you have recovered from your injuries.
The accident benefits adjuster may request that you sign an authorization granting to the insurance company access to your medical records.
Such an authorization will allow the accident benefits adjuster unfettered access to all of your medical records, whether relevant or not.
Although you may have to produce all relevant records prior to settling any claim, it is advisable for you to review your records first.
A car accident lawyer will be able to tell you which records must be produced.
It is in your best interest to avoid any kind of recorded statement.
Insurance companies know that people love to talk and tell their story.
Usually, the more you say the more it hurts your case.
You are only required to give statements in very limited circumstances.
You are required by law to provide a statutory declaration.
It is recommended that you seek legal assistance from a qualified car accident lawyer when providing the statutory declaration.
An experienced car accident lawyer is able to protect your interests when you are seeking benefits.
Most car accident lawyers help you to deal with your benefits along with any claim you may have against the at-fault driver.
If you have been injured in a car accident, your benefit claim against your own insurer is usually just one step in the legal process.
You may also have a claim you can make against the driver of the other vehicle if the collision was the other driver's fault.
An experienced car accident lawyer can help you make the claim against the other driver.
The insurance company's accident benefits adjuster will not assist you with this aspect of a claim.
*This article is not intended to provide legal advice.
Each case is different.
It is recommended that you consult your lawyer for advice concerning your particular case.