Being injured in a car accident is stressful enough but when you’re a passenger, it can be even more confusing. You weren’t behind the wheel, so who’s responsible? What steps should you take to ensure your medical and legal rights are protected?
If you’ve been hurt as a passenger in a Toronto car accident, understanding your rights and the proper process for filing a claim can make a major difference in your recovery — both physically and financially. Here’s a step-by-step guide to help you navigate what comes next with the support of an experienced Motor Vehicle Accident Claim lawyer.
1. Prioritize Your Safety and Seek Medical Attention
Your health comes first. Even if you think your injuries are minor, it’s important to get checked by a medical professional right away. Some injuries — like concussions, whiplash, or internal bleeding — may not be immediately apparent but can worsen over time.
Call 911 if you’re seriously hurt or go to the nearest hospital in Toronto, such as St. Michael’s Hospital or Sunnybrook Health Sciences Centre. Having a medical record of your injuries will also serve as crucial evidence when you file an insurance or legal claim later.
2. Report the Accident to the Police
In Ontario, the law requires that any collision resulting in injury or significant property damage be reported to the police. If you’re unable to do so at the scene due to your injuries, ensure that the driver or another witness has made the report.
The Toronto Police Service will document the details of the crash, and their report will be essential when you file your insurance claim. Ask for the police report number before leaving the scene or as soon as you’re able.
3. Collect Information and Evidence
If you’re physically able, gather as much information as possible from the accident scene. This includes:
- The names, contact numbers, and insurance details of all drivers involved
- Vehicle makes, models, and license plate numbers
- Names and contact information of any witnesses
- Photos or videos of the accident scene, vehicle damage, and any visible injuries
If your injuries prevent you from collecting this information, ask a friend, family member, or even the responding officer for help. Documentation will make it much easier to establish what happened and who may be at fault.
4. Notify Your Insurance Company
As a passenger, you still have the right to accident benefits under Ontario’s Statutory Accident Benefits Schedule (SABS). You can file a claim with:
- Your own auto insurance provider (if you have one), or
- The insurance company of the driver whose car you were in, or
- The insurance provider of another driver involved in the crash
If no one involved has insurance, you can still apply for compensation through Ontario’s Motor Vehicle Accident Claims Fund (MVACF).
Notify the insurance company as soon as possible, ideally within 7 days, and submit all requested documentation, such as the police report and medical records.
5. Keep Track of Medical Treatments and Expenses
Injuries from a car accident can lead to ongoing medical costs from physiotherapy and medication to lost income due to time off work. Keep a detailed record of all your medical treatments, receipts, and related expenses.
This documentation will help you recover accident benefits like:
- Medical and rehabilitation expenses
- Income replacement benefits
- Attendant care benefits
- Non-earner benefits (if you’re unable to return to normal life activities)
Accurate records ensure you receive full and fair compensation.
6. Understand Fault and Liability
As a passenger, you’re rarely found at fault in a motor vehicle accident. However, determining who is responsible for the crash can affect your compensation claim.
In Toronto, fault can lie with:
- The driver of the car you were in
- Another driver involved in the collision
- Both drivers, depending on the situation
A personal injury lawyer can help you identify the liable parties and file a tort claim (a lawsuit for pain and suffering or additional losses not covered by insurance) if needed.
7. Consult a Toronto Personal Injury Lawyer
Even though Ontario’s insurance system allows you to claim benefits without proving fault, dealing with insurance adjusters can be challenging. They may undervalue your claim or deny certain benefits.
A Toronto car accident lawyer can guide you through the claims process, negotiate with insurance companies, and ensure you receive the full compensation you deserve. They can also help if your injuries are serious enough to file a lawsuit against the at-fault driver.
8. Focus on Your Recovery
Finally, remember that healing takes time. Follow your doctor’s advice, attend all therapy sessions, and give yourself space to recover both physically and emotionally. Car accidents can leave lasting trauma, so don’t hesitate to seek psychological support if needed.
Final Thoughts
Being injured as a passenger in a Toronto car accident can be overwhelming, but you don’t have to go through it alone. By acting quickly, documenting everything, and getting professional help, you can protect your rights and focus on what matters most — your recovery.
If you or a loved one were injured as a passenger in a Toronto car accident, consider consulting a qualified personal injury lawyer to discuss your options and secure the compensation you deserve.
