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Motor Vehicle Accident Case Laws in Canada


In Canada, motor vehicle accident law needs the person or company who is responsible for the accident to pay the medical expenses and repairs the other expenses. But in Canada, many injured parties want to handle their injury cases.

They want to involve the insurance companies so that they can claim their compensation and also handle that perfectly. But sometimes negotiating with the settlement and dealing with the insurance company is really tough, and doing all these activities all alone can frustrating and costly But it’s worth it to hire a motorcycle injury lawyer.

Canada’s personal injury case can be the result of your right which you deserved in a motor vehicle accident and with the maximum compensation. Let’s have a look at this.

After a motor vehicle accident what you have to do!!!

There are some steps that should be followed when you will face motor vehicle accident in Canada. These steps are asked to be followed by the lawyer, and the court as these will prevent you from any harm-ness during the case. The steps are the following:

Do not leave the accident scene

You should never leave the accident scene when you are the primary victim. If the police arrive at the accident place and have failed to find you, then they will consider that at some point you also have some fault in this accident. That’s why you should leave the place, and it is just for your safety.

Take steps to avoid additional collisions

With your personal injury lawyer, you have to ignore all the additional collision which might put interruption in your case.

Exchange information with your lawyer

Name, address, driver’s license, birth details of the owner of the vehicle, and the injured party details all information should be exchanged with the court and also with the insurance companies.

Inform the police immediately

Police will prepare all the details whatever has happened at the accident scene. All these documents are important in Canada law’s otherwise you cannot ask your claim in the court which is needed for your legal advice.

Never admit the responsibility

For your safety, you should never admit your guilt without asking your injury lawyer. You have to be straightforward in your case, but please do not admit your liability in the court for the accident.

Get appropriate information from the accident scene

While having a motor vehicle accident and if you are a victim, then if possible, you need to collect some data for your safety. Information means you need to obtain the name and addresses of the witnesses who were present at the accident place.

You have to mention all the damages which have happened during the accident. Sometimes you need to click the accident scene’s picture of your own to and if it is necessary you have to submit these pictures at the court.

Get the medical treatment

After the accident, you should have to get the medical treatment properly, and you also have to follow your doctor’s instruction and have to get your all the documents and medical expenses.

These documents will make your case stronger and help to get your rightful claims which have been asked in the court.

Seek legal advice from your lawyer

Your injury lawyer who will be involved in the motor vehicle accident case law will help to deal with various pressing issues also will help to contact with the insurance company so that you can get your compensation in the right time.

Sometimes lawyers also help to contact the doctors if there are any issues in the hospital; they will be there to give any legal advice to doctors.

Some helpful steps

There are some useful steps which are asking to be remembered in Canadian law. These are-

  • If you are the victim, then you need to be calm at scenario place.
  • You need to be calm because it will save your story, so it is better not to argue with the owner of the car.
  • Just keep in mind that ‘do not take any responsibility’, it means if you feel pity for the other side do not take their team or sign any documents and these are only for your safety.
  • If you ever feel pressured in your case, seek help from your injury lawyer. They will provide you with necessary advice which can be followed to make your case stronger.

What are the main rights and responsibilities at the scene?

After motor vehicle accident the drivers who are involved with the accident need to remain close to the scene place. You also have the right to get the specific information from those parties who were involved in the accident.

Motor vehicle accident also gives the priority you to get the name and addresses of the drivers for whom that accident took place. If it is possible, you can take pictures from accident place and make a strong proof for making your own case stronger.

Though police officers will come to that accident place immediately and make a detail reports of that place. You also have the right to inform the insurance companies to get your compensation at the right time.

But it should be kept in mind the motorist who is not able to stay at the accident place can have criminal charges under the Criminal Code of Canada.

How the damages are calculated?

When any motor accident occurs in Canada, then you have to meet with a personal injury lawyer and some questions will come up during your case study, like, ‘if the case is worth to get compensation?’ ‘is it indispensable to file any case?’

To file case on motor accident, if you don’t have a personal injury lawyer, then it may take months or even years to get the compensation and the rights.

Some factors should be kept in mind while claiming your compensation-

  • The case of the injuries
  • How this accident injuries will impact your life
  • The severity of the injuries

How will the injuries impact your life? This point is serious while having a motor accident case in Canada. The court will review your medical documents, will discuss in detail with your injury lawyer about your case, and then it will decide that whether you should get the settlement amount or not.

Compensatory Damages

What do you mean by compensatory damages? It implies the compensation or the settlement which you have lost, and you will get from the accident.

Medical expenses and the losses are simple to calculate and easy to get in the settlement, but your emotional damages which you had to face while in the accident are complicated to get and time-consuming to heal.

Some common settlement damages are-

Medical expenses

Most of the motor vehicle accident cases, medical expenses are involved. Whatever your costs will be during the accident, the court and the insurance companies will help to get that compensation.

Property loss

Property damages mean suppose in the motor accident your motor have damages seriously, and now you need the settlement to fix your costs. The insurance company will help to get you the fixing or settlement amount to cover your property loss.

Emotional damages

This is a serious impact after an accident. Sometimes this trauma continues for many months or even years and the most crucial part is that this incident can not be calculated easily. So, in this time victim needs time, supports from the dear ones or the psychiatrists. Then he might need settlement expenses from the insurance company.

Family law act

Spouse, children, grandchildren, parents, siblings, grandparents are the entitled family members by whom you can get the settlement amount after an accident. You will also get the right to file a case under Ontario’s Family Law Act (FLA) for your damages.

Income loss

If a motor accident case in Canada affects the capacity of your income, the insurance companies and the court will help you to get the settlement until you get the preferable income or earnings.

But in this case, if you are the one who is responsible for this motor accident, then you will be in charge of the damages. If:

  • You cannot take your responsibility and your safety.
  • Your negligence is the main reason


The settlement of your case and other factors are described in this article. Every case is different, so in that case, you have to discuss your case with your personal injury lawyer.

If you have been injured with the other party, then you have the right to ask legal advice from your lawyer, and you will get compensation form your insurance companies. In Canada laws, you will get your claims to repair your damages.

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