Hamilton Car Accident Lawyers Who Fight for What’s Fair
Our law firm stands up to insurance companies throughout Ontario
A car accident in Hamilton can turn your world upside down. One moment you're commuting on the Red Hill Valley Parkway or heading home down Main Street. After another driver makes one wrong move, you're in pain, shaken, and unsure of what comes next. The ambulance ride, the ER visit, and the insurance calls all become a blur.
While the physical injuries are hard enough, the real battle often starts after the dust settles. That’s where the Hamilton car accident lawyers at Smitiuch Injury Law come in. We’ve been helping crash victims for years. We know how quickly insurance companies move to protect their own bottom lines and how slowly they move when it’s your well-being on the line.
That’s why we step in. When you hire us, you're not just hiring a lawyer; you're getting a dedicated legal team that knows the law, knows the city, and knows how to hold insurers accountable. To get the advantage you need to win, contact us for a free consultation.
“I met Peter Cho due to injuries from an accident and my case was recently finished after five years. Peter was dependable and worked hard up until the end to get a good result. I would like to thank Peter and the team at Smitiuch for all of their hard work!” – Grace, ⭐⭐⭐⭐⭐
FAQ About Hamilton Car Accident Cases
- What should I do after a car accident in Hamilton?
- What are common causes of car accidents in Hamilton?
- How does fault and compensation work in Ontario?
- What does car accident compensation cover?
- Why are my injuries more serious than they seem?
- How long do I have to file a car accident claim in Ontario?
- What if the other driver doesn’t have insurance?
- How much does it cost to hire a Hamilton car accident lawyer?
- How long do car accident claims take?
- What if I was partially at fault?
- Should I talk to the other driver’s insurance company?
- What can I do if the insurance company is delaying my claim?
What should I do after a car accident in Hamilton?
If you’re ever in a crash, knowing what to do next can make a huge difference in your recovery, both medically and legally. Here are some of the steps you should take immediately after a crash:
- Check for injuries: Your health comes first. Call 911 if anyone is hurt, even if it seems minor at first.
- Call police or file a report: For accidents with injuries or damage over $2,000, you must report it. Use a Collision Reporting Centre if officers don’t respond to the scene of your crash.
- Document everything: Take photos of vehicles, damage, license plates, skid marks, weather, and injuries. Write down what happened while it’s fresh.
- Get medical attention: Go to the ER or your family doctor right away. Even soft tissue injuries and concussions can take hours or days to show.
- Exchange information: Get driver’s license, contact info, insurance details, and license plate numbers from everyone involved in the accident.
- Notify your insurance company within 7 days: This is a legal requirement in Ontario.
- Speak to a Hamilton personal injury lawyer before signing or agreeing to anything: Insurance adjusters may try to settle quickly for less than your case is worth. Talk to a lawyer right away to learn more about your legal rights.
What are common causes of car accidents in Hamilton?
Hamilton has a mix of dense downtown traffic, aging infrastructure, and major commuter highways. Car accidents here happen for all kinds of reasons, including:
- Distracted driving, including texting, GPS use, or other in-car distractions.
- Speeding, especially on the Lincoln M. Alexander Parkway, Red Hill Valley Parkway, and QEW.
- Aggressive driving such as tailgating, unsafe lane changes, and road rage.
- Impaired driving due to alcohol, cannabis, or prescription medication.
- Failure to yield at intersections, crosswalks, and roundabouts.
- Fatigue, especially among shift workers and commercial drivers.
Understanding the cause of your accident is key to proving fault and building a strong case. That’s why Smitiuch investigates crashes thoroughly, from reviewing police reports to examining traffic camera footage and interviewing witnesses.
How does fault and compensation work in Ontario?
Ontario uses a combination of no-fault insurance and a fault-based system for car accidents. Here’s how it works:
- No-fault insurance means your own auto insurance pays for immediate car accident benefits such as medical care and income replacement, regardless of who caused the crash.
- If your injuries are serious and permanent, you can also file a lawsuit against the at-fault driver to claim pain and suffering, future medical costs, and income losses.
- Fault still matters. Insurance companies assign fault using detailed rules (called “Fault Determination Rules”), which can affect how your premiums change and whether you can sue.
Ontario also uses a threshold and deductible system. If your injuries don’t meet a certain threshold, you may not be allowed to claim for pain and suffering. Even if you do, a deductible of $46,790.05 (as of 2025) may be subtracted, unless your damages (legal term for financial losses) exceed a set amount. We’ll walk you through all of this. It can be confusing on your own.
What does car accident compensation cover?
If you were injured in a car crash, your compensation may include:
- Medical treatment and rehabilitation
- Income replacement (up to 70% of your wages, to a maximum)
- Attendant care if you need help with daily activities
- Housekeeping and home maintenance if you can’t manage alone
- Pain and suffering
- Future medical care costs
- Full loss of past and future income
- Out-of-pocket expenses (e.g., therapy, travel, prescriptions)
- Loss of enjoyment of life or loss of companionship (for family members)
If a loved one dies in a car accident, we may also help you file a wrongful death claim under the Family Law Act. If successful, your claim can include compensation for funeral costs, financial losses, and loss of guidance and care.
Why are my injuries more serious than they seem?
Not all injuries show up right away. You might walk away from a crash thinking you’re fine. Then, you might wake up the next day with severe pain, dizziness, or numbness. Common injuries that often worsen over time include:
- Whiplash and soft tissue injuries
- Concussions and mild traumatic brain injuries (TBIs)
- Back and spinal disc damage
- Knee and shoulder injuries
- Psychological trauma, anxiety, or PTSD
We encourage clients to seek medical attention early and keep records of every visit. Insurance companies may try to argue that your injuries aren't real or weren’t caused by the car accident. Don’t give them the opportunity to deny your claim. Let Smitiuch Injury Law fight for the full extent of your compensation.
How long do I have to file a car accident claim in Ontario?
In most cases, you have two years from the date of the accident to file a lawsuit in Ontario. But some steps come much sooner. For example, if you're applying for accident benefits through your insurance company, you usually need to notify them within seven days and submit certain forms within 30 days.
These shorter deadlines can come and go quickly, especially if you're dealing with injuries and medical appointments. Missing them could cost you important benefits or even your right to sue. That's why it's wise to speak with a Hamilton car accident lawyer as soon as possible. Smitiuch Injury Law can guide you through each deadline and make sure no step gets missed.
What if the other driver doesn’t have insurance?
If the driver who hit you isn’t insured, you still have options. Most Ontario auto insurance policies include protection for this situation, known as uninsured motorist coverage or OPCF-44R. It helps cover your losses if the other driver can’t pay. If you don’t have your own insurance, you may still qualify for help through Ontario’s Motor Vehicle Accident Claims Fund. It’s a safety net for people injured by uninsured or unknown drivers. Our lawyers know how to uncover every possible source of compensation. We’ll help you understand the system and get the support you need.
How much does it cost to hire a Hamilton car accident lawyer?
You won’t pay anything upfront to hire the lawyers at Smitiuch Injury Law. We work on a contingency fee basis, which means we only get paid if we win. Our fee is a percentage of your settlement, and we’ll explain everything clearly before you sign anything.
There are no surprise bills, no hourly rates, and no pressure. You can focus on getting better, knowing we’re in your corner and fully invested in your case. We believe everyone deserves access to justice, no matter their financial situation.
How long do car accident claims take?
Some car accident claims settle in just a few months, especially when the injuries are minor and the insurance company cooperates. More serious injuries often take longer, especially if treatment is ongoing or a lawsuit becomes necessary. In those cases, a claim might take a year or more to resolve.
The key is to be patient and not settle too soon. Once you accept an offer, you can’t go back for more, even if your condition worsens. Smitiuch Injury Law will keep your case moving and fight for the full value of your claim. We don’t rush to settle; we push for what’s fair.
What if I was partially at fault?
Even if you were partly to blame, you can still recover damages. Ontario follows a comparative fault system. That means your compensation is reduced by your share of the fault. So if you were found to be 30% responsible, you'd still receive 70% of your total damages.
The more important part is proving how much harm was done and what it will cost you in the long run. That’s where the skilled legal team at Smitiuch Injury Law comes in. We gather the evidence, work with experts, and make sure your side of the story is heard. We’ll fight for the maximum amount you’re entitled to for your car crash.
Should I talk to the other driver’s insurance company?
Never speak to the other driver’s insurance company without a lawyer present. Insurance adjusters might seem polite or even sympathetic, but their job is to protect the company’s bottom line. They have several tricks up their sleeve to reduce your compensation. They may record your conversation, twist your words, or push you to accept a lowball offer. Even a casual comment (such as “I’m sorry”) can be used against you. It's best to let someone who knows the system speak for you. Smitiuch Injury Law will handle all communication with the insurance company so you don’t have to. We’ll protect your rights and keep the pressure off.
What can I do if the insurance company is delaying my claim?
Delays are a common tactic from insurance companies. Some insurance companies drag their feet hoping you’ll get frustrated and accept less. Others may say they need more paperwork or time, while your bills keep piling up. If it feels like your claim is going nowhere, it’s time to push back.
An experienced car accident lawyer in Hamilton can step in, hold the insurance companies accountable, and make sure your claim moves forward. We know the delay tactics and how to beat them. We’ll take over the fight and make sure your case gets the attention it deserves.
Get the support you deserve from a skilled Hamilton personal injury lawyer
If you've been in a car accident, you're probably dealing with more than just physical pain. There's the financial stress, the emotional weight, and the endless forms. You shouldn’t have to go through it alone. The legal team at Smitiuch Injury Law can help take that burden off your shoulders and fight to make things right.
We’ve helped Hamilton residents recover after the worst days of their lives and we’re ready to help you, too. Whether you live downtown, on the Mountain, or anywhere in between, we’re just a call or click away.
Contact us online or call for a free consultation today. We’ll listen, explain your options, and help you decide what’s best. There’s no pressure and no upfront or hidden costs. Our Hamilton car accident lawyers simply want to help you get your life back on track.
