I was hurt in an accident, now what do I do?

It can be frustrating to deal with the aftermath of a car accident.  Navigating police statements, insurance companies and your employer can be difficult, in particular when you are also trying to deal with accident injuries.  It is important to be armed with information immediately after an accident so that you can best protect your own interests and know who to talk to and be informed of some important time limitations.  Here, we try to answer some common questions that will hopefully help you in that confusing time.

FREQUENTLY ASKED QUESTIONS

I was in an accident, and I am hurt. 
What should I do?
You should seek prompt medical attention for any injuries you have sustained in an accident.  

At the scene of an accident involving another motor vehicle (if you are able), you should obtain the opposing driver's information (i.e. a copy of their drivers license, write down the make/model of their car, as well as their license plate number, obtain a copy of their insurance documents, and the vehicle registration documents).  Take a photo of these documents with your phone, if possible, or write down the information taken.  

Cooperate with the police or RCMP who have responded to your accident (if applicable).

Contact your own automobile insurer.  If you are hurt, you have treatment benefits through your own policy of insurance that will help you during the early stages of your recovery (Section B benefits). Those benefits are available to you regardless of fault in the accident.  They include coverage for physiotherapy, chiropractic treatment, massage therapy, dental expenses, and prescription and ambulance costs related to an accident.  Your own automobile insurer will help you with your collision benefits (if applicable) to have your vehicle damages attended to.  Your own insurance policy also has some disability coverage available to you as well. 

DO NOT SPEAK WITH any insurance representative for the owner or driver of the vehicle that caused the accident until you have had a chance to talk to a lawyer and receive legal advice.  Your accident injury claim will not be negatively affected by your ignoring or refusing to speak with their insurer until you have received advice for your matter. The other driver (or the vehicle owner's insurance company) is not your representative.  Your interests are not their interests

You do have time limitations in which to advance your injury claim, however, so it is advisable that you receive legal advice sooner than later, and in all cases within 2 years of the date of your accident .  

See below regarding statements to an opposing insurer and time limitations for your accident injury matter.  
Why is my automobile insurance company involved, when I was not at fault for the accident?
If you have collision coverage, and you elect to use that coverage after an accident, your insurer will assist you in getting your vehicle repaired or an appraisal to determine if it is a "write off" (the cost to repair is too high considering the value of the car).  Your own insurance coverage may also include a rental vehicle for you while your own vehicle is being appraised and/or repaired.

In the Alberta Standard Automobile Policy, all insureds have certain coverage through their own insurance policy.  These benefits are referred to as "Section B" benefits (they appear in Section B of the insurance policy).  They entitle an injured person to access to treatment that is recommended for their injury recovery (i.e. chiropractic treatment, physiotherapy treatment, massage therapy, emergency dental etc.).  Section B benefits also include disability coverage, as well as certain death benefits for fatal accidents and other coverages.  You will need to communicate with your own insurer in order to access these benefits. 
The other driver's insurance company wants me to give a statement.
What should I do?
After an accident it is a natural tendency for us to want to 'tell our story', in particular when we are not at fault.  In a car accident setting, it is important to fight against this tendency when it comes to the insurer of a vehicle that has caused an accident.

You are not legally obligated to speak with the other driver's insurance company or the other vehicle owner's insurance company.  In other words, nothing bad will happen to you or your injury compensation claim if you elect not to give a statement to their insurer.  If you do give a statement, the insurer will try to use the statement against you later on.  The purpose of their obtaining a statement is to assess their potential exposure to liability, and to try to minimize the amount of compensation you are entitled to.

The other driver (or the vehicle owner's insurance company) is not your representative.  Your interests are not their interests. 

If you do not know who to speak to after an accident, call an injury lawyer to help you know who you should and should not talk to after an accident.   Kain Law offers free consultations to help you understand your rights as well as the injury compensation process.
Will my own automobile insurance company help me get compensation for my accident injuries?
 Your own automobile policy is limited to the terms of your contract of insurance, which does not include taking any steps against any other party on your behalf.

Your own insurance representative cannot give you legal advice in relation to your injury matter - only a lawyer can provide you with legal advice. 

Your own auto insurer has obligations to provide you with certain benefits under that policy (i.e. chiropractic treatment, physiotherapy treatment, massage therapy, emergency dental, disability coverages etc.), and if you have collision coverage, they will assist you with your vehicle damages claim.  Your insurance benefits arise as a result of an accident, but operate independently of any personal injury action you may have against someone who caused an accident.
Is my claim for compensation for my accident injuries an insurance claim? 
No.  An action or claim for compensation for your accident injuries (i.e. pain and suffering, income losses, future care costs etc.) operates through legislation, case law and legal principles and procedure. 

While insurance companies may or may not be involved, an action/claim for injury compensation is not an insurance claim.  Rather, it is a legal claim or action that involves legal processes, rules of evidence, and can involve court processes, including a trial.  Any action for compensation is against the operator (and owner) of a vehicle that caused an accident.  That person/company may or may not have their own policy of insurance, and that insurer may be involved in making decisions regarding the action, and ultimately be responsible to pay any amounts that are found to be owing to you - but it is not an insurance claim that is governed by your own contract of insurance or principles of good faith.   

If an insurer is involved on behalf of the operator/owner of a vehicle that injured you, their obligations are to the company and their own insureds – not to you.    
Should I settle my injury compensation matter before my injuries have resolved?
The amount of compensation you are entitled to is directly linked to your injuries, and your recovery from those injuries. To settle before the injuries have resolved, may mean that you are not receiving a fair settlement. Once a settlement has been reached, it cannot be reopened again, even if you later discover that your accident injuries are worse than initially thought. 

In all instances, the 2 year limitation must be adhered to (which requires an action in Court to be filed within 2 years of the date of the accident in order to seek compensation beyond that date -see below for more information).  

For serious and permanent injuries, it is highly advisable that you have legal representation to ensure that you are able to navigate the legal processes involved, and ensure that you receive all the compensation you are entitled to - i.e. to ensure that your future care expenses are properly assessed, as well as your future income losses (if your income has been affected), and any other compensation you deserve for your injuries' impact on your life. 
I have heard about a 2 year limitation for accident injury claims. 
What does that mean?
The Limitations Act sets out that there is a 2 year limitation period for civil claims (which would include accident injury compensation claims).  What this means is that if you have not resolved your injury compensation claim within 2 years of the date of your accident, you must file a Claim in Court in order to continue with your claim for recovery beyond that date.  If that date is missed, your claim will not proceed.

For example:
If you were in a car accident on June 6, 2015, and you were injured in that accident, you must file a claim in Court no later than June 6, 2017 in order to seek financial compensation beyond that date.  If that date is missed, you are no longer entitled to financial compensation. 

There are certain factors that can extend the limitation period  - such as periods of disability, or if you were a minor (under 18) at the time of the accident.  It is recommended that you seek legal advice from a personal injury lawyer prior to the 2 year expiry in all cases so that the limitation period can be properly assessed, and so that you can ensure that the date is not missed.