Automobile Accident

Suing After a Car Accident in Canada: What You Need to Know

f you are one of the 84% of car owners in Canada, it is your duty to drive carefully know about Car Accident Lawyer Baltimore . But unfortunate situations may arise, and you have to face the worst-case scenario- a car accident. 

This can happen to anyone who needs to drive daily to reach their workplace or home. However, the legal matters after such incidents can be overwhelming. So, you need experienced guidance about suing after a car accident in Canada.

Remember to hire skilled lawyers to file a lawsuit to obtain the compensation you deserve. For example, car accident lawyer Calgary. Here is what you need to know.

Is Suing after a Car Accident necessary?

When you report your car accident to the police, you will only receive the insurance money. There are no requirements for sueing the driver for the insurance money to repair your car.

However, suppose you sue the person at fault. In that case, you may win the compensation money for the additional pain, distress, discomfort, loss of wages, and other financial and health-related issues. Fault determination rules will determine the faults under the insurance act you reside in.

When Should You file a lawsuit?

Receiving the insurance money from your insurer may not be that difficult, but you may need to walk the extra mile to win a lawsuit. Here are the reasons you should sue the other person for causing you emotional, physical and financial distress.

  • Falsely accused by the other party when you are not the person at fault
  • Your injuries have caused life-long disability and were not assessed correctly before 
  • The insurance money is not enough for the repair cost, and your medical bills 

Who Should You File a Lawsuit Against?

As a Canadian citizen, you have the right to sue any of the parties mentioned below. But consult with your lawyer properly before that, as you need to ensure that the party you think is liable has enough reason to pay you the compensation money.

The driver at fault:

You have the right to sue the vehicle driver if your car has a collision. But there must be proper evidence and reason behind such a lawsuit. If you are solely responsible for the accident and suing the other party, suing the other car’s driver will not benefit you.

City/Municipality:

If you have faced an accident because of poor road maintenance of the city corporation or municipality, you can sue these authorities.

In such cases, the court takes the victim’s injury under consideration. When the injury is severe, or you lose someone from your family, the court may grant you a significant amount of money.

Private Companies:

Similar to the authorities mentioned above, you can sue the party when the private companies are responsible for the road construction or maintenance and do their jobs insufficiently. Even though you are suing a private company, you can sue them because of their negligence.

Timeframe for Suing After a Car Accident:

Typically, the clock starts right after the accident takes place. You have 120 days to sue the other party from the day of the accident, and your lawyer needs to begin the lawsuit within the next two years.

For your convenience, you can follow the time frame mentioned below:

  • Report the police immediately
  • Call your insurer within 4-7 days, if you cannot call them yourself, notify your lawyer
  • File the claim against any authority within 30 days
  • The lawsuit should be filed within two years.

Conclusion:

Suing after a car accident in Canada and receiving the compensation money will become less stressful if you know what you need to do. Not all the cases are the same, and it is better not to compare your case with your relative’s or friend’s case and make all the crucial decisions by yourself.

Your first and primary concern is to have proper knowledge about the legal rights after discussing with your car accident lawyer. To represent your case before your insurer or the at-fault party you are suing, seeking help from an experienced lawyer could save you from a lot of hardship.

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Christophe Rude

Christophe Rude

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