Personal Injury Lawyers 
Toronto, ON

Toronto Car Accident FAQ

Our experienced car accident lawyers help you recover compensation

Nobody expects to be involved in a car accident when they are out on the road. So when a crash happens, it takes you by surprise. There are a lot of thoughts going through your mind. You may not know what to do next. It’s normal to have a lot of questions after being hurt in crash. The experienced car accident lawyers at Smitiuch Injury Law can help you find answers.

We’ve been helping the injured recover compensation after a car accident since our founding in 2001. Our lawyers understand the physical, emotional and financial impact a car accident can have on victims and their families. We build strong cases that insurance companies can’t ignore. We know how to deal with insurance companies to get you the compensation you deserve.

Some frequently asked questions we get about car accidents:

We are happy to talk to you about these or other questions you have. All you have to do is contact us to schedule a free case evaluation. Our offices are located in Toronto, Brantford and Simcoe. Or we can meet you at a location that’s more convenient. And if we do handle your case, you owe us nothing unless we are successful.

Do I need a lawyer?

You are not required to have a lawyer to seek compensation after a car accident. It is absolutely in your best interests to have one, however. Negligent drivers often deny doing anything wrong, and insurance companies will try to pay you as little as possible. Recovering the financial compensation you deserve can be a very complicated process.

Our car accident lawyers have been helping the injured recover compensation since 2001. We have the experience and the resources of a big law firm, but we offer you the personal attention only a smaller firm can provide. We know how to fight back against insurance company tactics to limit your compensation, and we are not afraid to go to trial to fight for you.

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Do I need to see a doctor after a car accident?

Yes. Right after a car accident, you may seem to feel OK. You may be thinking that it’s not necessary to go to the hospital to be examined. You just want to gather information at the accident scene and get home as soon as possible. Going to a doctor may seem like a waste of time. That’s a normal reaction, especially if emergency medical personnel were on scene.

There are two very good reasons why you should be examined by a doctor as soon as possible. One is that you may be injured without realizing it. For example, you could have internal injuries but aren’t yet showing symptoms. The other reason is that a doctor will document any injuries you do have, and that can help you recover financial compensation later on.

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Do I have to report my accident to my insurance company?

Yes. In general, you must report your accident to your insurance company within seven days. Failing to do so can put your right to receive accident benefits at risk. Or it may result in a delay of processing your claim. We recommend contacting the insurance company as soon as possible following your accident.

All you have to do is inform them that you were involved in an accident. Only give them the basic facts about what happened – including the location, who was involved and injuries you suffered. Do not answer any questions that go beyond the basic facts, and do not admit any fault for causing the accident.

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Should I accept a settlement offer from an insurance company?

You may be contacted by an insurance company soon after the accident. They may offer you a settlement. They will promise quick payment and may even say that it is the best that they can do. It can be tempting to accept their offer – especially if your medical bills are starting to add up and you can’t work because of your injury.

The money the insurance company is offering will fall far short of the compensation that you need and deserve. They are only making this offer to try to save money. We strongly encourage you talk about a settlement offer with a car accident lawyer before accepting. You may be able to recover much more compensation.

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What if the driver who hit me was underinsured or uninsured?

Being involved in an accident with an underinsured or uninsured driver is stressful. In addition to the physical and psychological trauma you may be experiencing, not being certain if you are entitled to compensation can be devastating. The personal injury lawyers at Smitiuch Injury Law have extensive experience helping clients navigate cases involving underinsured or uninsured driver claims.

In Ontario, being involved in an accident with a driver who is improperly insured can be complicated. As a victim, your car insurance policy provides coverage to ensure that you are protected and receive benefits including:

  • Income replacement
  • Medical treatment
  • Rehabilitation services
  • Physical/occupational therapy
  • Household assistance or care

Insurance companies may still dispute your claim and try to pay you less. We build strong cases and will fight to help you recover the benefits you deserve.

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What are your legal fees?

All legal fees are based on a percentage of the final settlement obtained on the client's behalf. The amount of the percentage charged is mutually agreed upon at the outset of the case and is confirmed in writing. The percentage that we agree upon will not change regardless of the duration of the case. There will never be any surprises at the conclusion of a case. We do not charge any legal fees from benefit payments that a client receives directly from an insurance company.

Legal fees and disbursements are payable when a settlement is reached. A client will only be charged legal fees and disbursements if we obtain compensation or money on their behalf. Our clients are never in a situation where the amount of our legal fees and disbursements are greater than the amount obtained on their behalf.

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How do you communicate with clients?

The firm's motto is “helping those who need it the most.” We recognize that clients are faced with a myriad of issues after an injury and our job is to let them focus on their recovery. We communicate with each client by whatever means works best for them – in-person, by email, telephone, or letter.

We will keep you informed about the progress of your case, using your preferred method of communication. If you ever have any questions or concerns along the way, all you have to do is contact us. We generally return client calls by the end of business day, or with 24 hours at the latest.

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What types of damages are covered in car accident claims?

If you were injured in a car accident that was caused by the negligence of another, you have the right take legal action to recover compensation for the damages you suffered. These are financial and other losses you experienced as a result of the accident. There can be many types of damages in an accident, including:

  • Medical expenses related to your injury (now and in the future)
  • Property damage
  • Lost income while you couldn’t work
  • Pain and suffering
  • Disfigurement
  • Loss of enjoyment of life

Our experienced car accident lawyers will determine the total amount of damage you have suffered. We gather evidence to build strong cases. We fight the insurance companies to recover the compensation that you deserve. If the insurance company will not agree to a settlement, we are not afraid to go to trial.

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What is the value of my car accident case?

There is no simple answer to that question, as it depends on many factors. These include the types of injuries you suffered and their severity. You may have also lost income as a result of not being to work. There may have been other damages as well, such as property damage and pain and suffering.

Another factor is the insurance policies for the parties involved and their policy limits. Our experienced car accident lawyers are committed to helping you get the best possible outcome in your case. We can give you a better idea of what to expect when you come in for a free case evaluation at one of our offices (or we can come to you).

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In what languages are you able to provide legal services?

Members of the firm speak English, French, Filipino, Ilocano, Italian, Korean, Portuguese, Russian, Ukrainian and ASL (American Sign Language). We can access translation services for any languages, if needed.

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Toronto Office

3280 Bloor Street West Centre Tower

Suite 800
Toronto, ON M8X 2X3

Phone: 416-621-1551
Toll Free: 866-621-1551
Fax: 416-621-1558

Brantford Office

330 West Street, Unit 6
Brantford, ON N3R 7V5

Phone: 519-754-1558
Fax: 519-754-1580

Simcoe Office

16 Norfolk Street South
Simcoe, ON N3Y 2V9

Phone: 519-426-9332
Fax: 519-754-1580

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