Motor Vehicle Accidents
WHAT IS A MVA?
A motor vehicle accident, or MVA, is any accident that involves a vehicle hitting an object, a person, or another vehicle. MVA’s often result in both mental and physical damages. With the help of a lawyer, recovery benefits can be claimed through your insurance company.
WHAT TO DO AFTER A MVA?
After experiencing a motor vehicle accident those involved must abide by the Alberta MVA regulations so as not to receive demerit points or a fine. After a collision, complete the below actions when safe to do so.
- Move to a Safe Location
- When safe, move vehicles and passengers away from traffic
- Alert other drivers by using hazard lights, cones or warning triangles
- Report the Collision to Police
- Share accident location
- Describe any injuries (request ambulance if needed)
- If police arrive on scene, request a police report*
- Gather Information (Collision Worksheet)
- Collect the other parties identification, and insurance information
- If witnesses are present ask for their contact information
- Contact Your Insurer
- Report the accident to you insurance company
- Share injuries, and damages to property and/or vehicle
It is important to note that if the total vehicle and property damage appears to be above $5,000, a collision report form must be filed.
Leaving the scene of the accident without exchanging driver information is a crime in Alberta. If you are unable to gather the at-fault drivers information you may still have a claim, call us to learn more.
WHEN TO SEEK MEDICAL ATTENTION
A medical professional should be visited as soon as possible after any type of vehicle accident. It can take time for chronic pains to develop and it is vital that early symptoms are observed and recorded by a doctor.
As symptoms evolve, it is important to maintain communication with your doctor at least once a month. If you do not have a family doctor, visit a walk in clinic.
Document all prescriptions as well as treatment facilities that you have attended. Keep the receipts for these purchases along with any other purchases made for your recovery. These records will be used to prove your claim when deliberating with insurance companies.
YOUR LEGAL RIGHTS AND OPTIONS
It is important to know that Alberta is a no-fault insurance province. This means that you are entitled to medical and financial benefits even if you caused the accident.
Section B, otherwise known as Accident Benefits, is a part of every vehicle’s insurance policy. It provides coverage for the driver, passengers and any pedestrians or cyclists struck by the insured vehicle. The benefits under Section B are as follows;
- Medical and Rehabilitation Expenses up to $50,000 (spread unequally over various
medical services) - Income Replacement for those missing work
- Payments to help support injured Non-Earner
- Disability Benefits
- Grief counseling and funeral benefits
Using Section B (Accident Benefits) does not increase insurance premiums.
If you did not cause the collision you are entitled to further reparation. Tort is a claim that you and your lawyer bring against the at-fault drivers insurance company. You can claim compensation for the below damages.
- Pain and Suffering
- Cost of Care
- Loss of income and earning capacity
- Loss of companionship
- Out of pocket expenses
The types of damages you can claim for depend on the circumstances of each accident. Any amount asked for will require strong evidence and structured argumentation. It is for this reason that retaining an Alberta personal injury lawyer is recommended.
You have 2 years from the accident date to file a Tort claim. This Statute of Limitations excludes circumstances where injury or other events make pursuing a claim impossible. To know if you can still make a claim past this limitation period give Affinity Lawyers.
WHEN TO RETAIN AN MVA INJURY LAWYER
A personal injury lawyer is an expert in motor vehicle accidents. They have seen it all and can best guide your next steps.
Beyond just showing you the path, Affinity Law Alberta walks it for you.
- We handle all communications with the insurance companies
- We collect and record medical documents
- We manage and maintain application deadlines
- Prove your eligibility to recover medical costs
- Fight for you to receive denied medical treatments
- Negotiate favorable settlement agreements
- Proceed to court to retrieve just compensation
It is difficult to handle a MVA alone – especially if unfamiliar with Alberta’s legal system. If you do not have the health, time, or confidence to deal with insurance companies, file management, legal strategy and paperwork, you should call an Alberta injury lawyer.
Affinity Law works on a contingency fee basis, meaning you pay no fees until we resolve your claim. There are zero upfront costs and you are free to change your legal counsel at any time.
Focus on recovery. Let a professional work for you – for free.
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