Being involved in a car accident in Hamilton, ON, is often overwhelming. Between medical bills, time away from work, and confusing insurance paperwork, it’s not always clear what your next step should be.
At Findlay Personal Injury Lawyers, we’ve helped injured victims in Hamilton for decades. With over 92 years of combined experience and more than $100 million recovered, we can provide you with comprehensive legal support.
Here are some of the most common questions we hear from clients after a crash. If you’re ready to get started on your case or want to learn more, contact our Hamilton car accident lawyers at (905) 522-9799 for a free consultation.
How Can Findlay Personal Injury Lawyers Help Me With My Hamilton Car Accident Claim?
Handling a car accident claim on your own can feel impossible when you’re dealing with significant injuries and damages. The insurance process is often unnecessarily complicated, and mistakes can cost you the compensation you’re entitled to.
At Findlay Personal Injury Lawyers, we’ll take the burden off your shoulders.
Our award-winning Hamilton car accident lawyers will:
- Investigate the crash and gather key evidence
- Work with experts to strengthen your case
- Handle all communications with the insurance company
- Calculate the full value of your losses
- Negotiate for a fair settlement or take your case to court if needed
With nearly a full century of combined experience, you’ll be in trusted hands if you hire our Hamilton personal injury lawyers to represent you. Call our law office in Hamilton, Ontario, today for a free consultation.
What Should I Do After a Car Accident in Hamilton?
It’s important to act quickly and carefully after a collision. Your actions in the hours and days following could impact your health and your ability to file a claim.
We recommend that you:
- Call 911 to report the crash.
- Seek immediate medical attention.
- Exchange insurance and contact information with the other driver.
- Take photos or video of the scene, if you can.
- Speak with police officers and request a copy of the report.
- Avoid admitting fault or making detailed statements to anyone.
If possible, contact a Hamilton car accident lawyer before speaking to the insurance company. We can guide you through the next steps and help protect your right to compensation.
Can I Still Recover Damages if I Was Partly at Fault?
Yes. Ontario has a “no-fault” system for car accidents, so you can usually file a claim with your own insurance carrier, no matter who caused the crash. The province also follows a framework called “contributory negligence” that may apply to any claims you may have for additional compensation.
With the contributory negligence framework, you can still recover damages even if you were partly to blame. However, your compensation may be reduced based on your percentage of fault. For example, if you were 25% responsible for the crash and your damages totalled $40,000, you could still recover $30,000.
Insurance companies often try to shift blame to avoid paying the full value. At Findlay Personal Injury Lawyers, we’ll push back on unfair tactics and fight to ensure your role is judged fairly.
What Types of Damages Can I Receive?
The compensation available in a Hamilton car accident case varies, but it often includes both pecuniary and non-pecuniary damages.
Depending on your injuries and circumstances, your settlement may cover:
- Medical expenses (past and future)
- Lost income and reduced earning ability
- Rehabilitation or therapy costs
- Property damage
- Pain and suffering
- Loss of enjoyment of life
Ontario law also includes Statutory Accident Benefits, which are available through your own insurance provider regardless of fault. These benefits can help with medical care and income replacement, but may not fully cover your losses. If your injuries meet the legal threshold, you may also file a tort claim against the at-fault party for additional damages.
What if the Other Driver Doesn’t Have Insurance?
Whether the other driver was uninsured or fled the scene, you may still have options. Ontario has systems in place to protect victims in these situations.
If you have uninsured motorist coverage, you can file a claim through your own policy. If not, a claim may be possible through the Motor Vehicle Accident Claims Fund (MVACF), which is a government-run program designed to help victims of uninsured or unidentified drivers.
Our team will review your insurance policies and the facts of the accident to determine the best path forward.
How Long Do I Have to File a Claim?
There are two main time limits to keep in mind regarding any potential claims you might have against the responsible party:
- You must notify the at-fault driver of your intention to sue within 120 days of the crash.
- You typically must file a lawsuit within two years of the date of the accident.
There may be exceptions in certain cases, but missing a deadline could mean losing your right to recover compensation altogether. That’s why we recommend contacting an experienced car accident lawyer in Hamilton right away. We will make sure all necessary documents are filed on time.
Contact Our Hamilton Car Accident Lawyers for a Free Consultation Today
You may be entitled to take legal action after a car accident in Hamilton, Ontario. The team at Findlay Personal Injury Lawyers is here to answer your questions and fight for the compensation you need to move forward.
Call us today to schedule a free consultation with an experienced Hamilton car accident lawyer. We work on a contingency fee basis, so you only pay if we win your case.
