AFTER A MOTOR VEHICLE ACCIDENT

By: David G. O'Brien

Even a small motor vehicle accident without serious personal injuries can be a time of great difficulty. Dealing with the police, insurance adjusters, car repairers, etc., can be very traumatic, and your conduct at such times can have significant consequences that will affect you long after the accident.

In New Brunswick, Section 130 of the Motor Vehicle Act requires drivers of vehicles involved in accidents resulting in injury or death or property damage over a specified amount to give notice of the accident to the police. This includes giving all the information required by the Registrar of Motor Vehicles on the form for accident reports as provided for under Section 133 of the New Brunswick Motor Vehicle Act. Normally, after the police have attended the scene of a motor vehicle accident, they will provide each driver of a multiple vehicle accident with a card stating the name, address, and insurance company of the other driver, as well as the name of the investigating officer. If, in the commotion of the accident, you do not obtain this information about another driver involved in an accident with you, you can usually obtain this information by telephoning the police department involved.

If a police officer has cautioned you that any statement you give may be used against you, or if you believe you are being investigated for a criminal act in conjunction with operating a motor vehicle, you should ask for the opportunity to consult with a lawyer before giving a statement to the police.

Due to shortage of available personnel, police officers do not always attend at the scenes of minor accidents in New Brunswick. If this is the case, make sure to exchange insurance information with the other drivers involved. In addition, try to obtain the names and telephone numbers of witnesses to the accident. This may help clarify the issues at a later date, and once a witness has left the scene, it may be impossible to trace that person later.

Automobile insurance policies issued in the Province of New Brunswick utilize a standardized wording. The standard automobile policy for New Brunswick (SPF No.1), requires you to inform your insurance company when you have been involved in any accident which involves loss or damage to persons or property, or to your automobile. This enables your insurance company to appoint an adjuster who then begins an investigation of the accident.

If you are not sure how to contact your insurance company, telephone your insurance agent. Agents may either be "exclusive" to an insurance company, or may be "independent" insurance agents. In either case, they will be able to put you in touch with the insurance company that has provided your insurance through their agency.

One of the first concerns most people have after an accident is rectifying the damage to their vehicle, and obtaining a rental vehicle in the meantime. If you are unsure about whether your insurance policy provides coverage for your vehicle and the cost of a rental vehicle, call your own insurance agent as soon as possible to confirm the coverage that you have. This coverage is sometimes provided by your own insurer through "Section C loss of or damage to an insured automobile" coverage, or an "endorsement" covering you for "lost use" of your vehicle. If you do not have such coverage, you or your lawyer may be able to arrange for a rental vehicle and repair your vehicle directly through the insurer of the other vehicle. If fault for the accident is unclear, however, this will be a problem.

If you were injured in the motor vehicle accident, and you are clearly going to miss some time from work, short-term income replacement will be your other top priority. There are a number of potential sources of income replacement following a motor vehicle accident: basic "no-fault" weekly indemnity benefits from your own insurer, employment insurance disability benefits, Workers' Compensation benefits, private disability insurance, "sick benefits" through your place of employment, etc. Whether any of these are available to you, and the appropriate amount available pursuant to any one of them, will depend very much on the circumstances of your own insurance coverage, your employment, and the circumstances of the accident itself. This can be a very confusing area, and one in which legal advice is often necessary.

Depending on the circumstances, once again, other sources may be available to provide some financial assistance to you when you are disabled from working: mortgage insurance, bank loan insurance, accident insurance, dismemberment coverage, travel insurance, credit card insurance, etc.

Although the Province of New Brunswick funds primary medical and hospitalization treatment through Medicare, many types of treatments, medications, and medical appliances are not covered through Medicare. They may, however, be available through either your private health insurance, or "no-fault" medical benefits available under "Section B" of your own automobile insurance policy.

Normally, you won't need a lawyer after a small "fender-bender" where fortunately nobody was injured. On the other hand, if you are seriously injured or are going to lose a significant amount of time from work, it is always a good idea to seek legal counsel. Likewise, when you are involved in an accident with an uninsured, under-insured, or out-of-Province motorist, you should speak to a lawyer familiar with insurance law and policy language.

If you are uncertain whether you need the assistance of a lawyer, please feel free to contact us. If we decide to take on a case, we usually perform personal injury work on a "contingency" or a percentage basis, and we are always glad to speak to you on a brief preliminary basis about your problem at no charge.

One word of warning: most claims resulting from motor vehicle accidents are subject to "limitations" which means that if a lawsuit is not filed within a certain period of time after the accident, the claim can never be brought.

If in doubt, it is always best to seek legal advice as soon as possible.