So, you've just been in a car accident; what exactly are you supposed to do now? Knowing how to navigate the immediate aftermath can work in your favour during an already stressful situation, especially when filing an insurance claim.
But what if you don't plan on calling insurance after a minor car accident? Is there some sort of legal requirement in Canada that states otherwise? To learn more about your legal obligations following any type of collision, keep reading.
Do I need to report a car accident to my insurance company?
Yes, reporting a car accident to your insurance company, regardless of the severity or whether you want to claim any damages, is important. In some cases, the damage or injuries following an auto accident may not be apparent right away. And, if you miss the reporting window to file an accident report with your nearest collision reporting centre, you could be left to pay for any repairs, medical expenses, and other costs out of your own pocket.
Additionally, the other drivers involved may not have sufficient insurance, which, again, could leave you stranded with numerous bill payments. So, it goes without saying that even if it is a minor accident, it's in your best interest to notify your own insurance company that an accident has occurred.
It's also important to note that depending on the province or territory you live in, you may be legally required to report an accident to the police if certain conditions are met. Here's a closer look at when you need to contact your local police station at the accident scene:
Ontario Rules
In Ontario, you will need to report an accident to a police officer if:
- The damage amongst all involved vehicles is $2000 or more.
- You, your passengers, or other drivers involved have any injuries or if a death has occurred.
- If you are involved in a collision with government vehicles.
- The other driver does not have valid insurance or flees the accident scene.
- A criminal act has occurred, such as impaired driving.
- A pedestrian was involved in the accident.
- There is property damage to municipal property or private property.
Ontario's 24-hour rule for calling a collision reporting centre
In Ontario, all parties involved in a collision have 24 hours to report an accident to the closest collision reporting centre to file a collision report. Filing an accident report at a local accident reporting centre is mandatory for all vehicles involved, regardless of whether there is damage or not.
British Columbia Rules
If you live in British Columbia and an accident has occurred, you are mandated by law to report the accident to your insurance company, which in this case would be ICBC. In terms of whether you need to file a police report, the following needs to occur:
- If the damage exceeds $1000 between you and the other driver(s) involved.
- If any injuries, death, or property damage has been caused.
Note that BC drivers also have 24 hours to report an accident to the police. If you live in a rural area, you have 48 hours to do so.
Alberta Rules
Alberta also requires motorists to report a car accident to their insurance company regardless of the extent of damage. In terms of calling a police officer, the following conditions need to be met:
- If you or any other parties involved have suffered a personal injury.
- If you or other vehicles involved do not have a valid driver's licence number, insurance, or vehicle registration.
- If your vehicle or the other driver involved is unable to move their vehicle from the collision scene.
Additionally, if the combined damage exceeds $5000, you are mandated by law to go to a police station to fill out a police accident report form.
What happens if I don't report an accident?
Not reporting a car accident in Canada can lead to serious consequences, including the following:
- Demerit points on your driver's licence that can affect your driving record.
- Monetary fines.
- A driver's licence suspension.
- Being charged with a Criminal Code offence.
It's important to note that leaving the scene following an automobile accident in Canada is a criminal offence in the Criminal Code of Canada, meaning you could face criminal prosecution leading to a criminal record.
What should I do if I'm in a car accident?
After an automobile accident, it's normal to feel overwhelmed and stressed, especially if you've never been involved in a collision prior. If you're unsure what to do if you're in a car accident, follow the steps we've outlined for you below:
Call the police and ask for a copy of the police report
If injuries, death, or severe property damage has occurred, you need to call the police immediately to the scene. Failing to notify law enforcement can result in serious consequences otherwise.
Assess your injuries and vehicle
Once the police have been called to the accident, you then need to assess your own injuries and your vehicle if you are able to put your hazard signals on and move your car out of direct traffic to prevent further damages from occurring.
Exchange information with the other driver
Now that your vehicle is out of the way, you need to exchange information with the other driver. This includes the licence plate number, driver's licence, insurance information, name, and contact information, as you will need to provide them to your insurance agent.
Document your own evidence of the scene
Next, take as many photos and videos of the accident as possible. This evidence will be needed to determine who is at fault for the accident and for your insurance company to determine how much compensation you'll receive. Remember, the more evidence, the better. If you have contacted the police, make sure that you also ask for a copy of the police report, as you will also need to file this information.
Call a tow truck if your vehicle is not operational
If your vehicle is not working, you will need to have your vehicle towed. In this scenario, make sure to get a copy of the receipt, as you will be able to get your money back from your insurance company.
Call your insurance company
Now that you are at home and have had some time to decompress, you will need to inform your insurance company of the accident. You'll likely be speaking with an agent who will ask you a series of questions and help you with filing an insurance claim. Be prepared to speak on the phone for a while, as your agent will need to collect as much information as possible.
Get assigned a claims adjuster
Now that you have filed your claim and gone to an accident reporting centre to report the collision, you'll need to wait for your provider to give you a claim number and your adjuster's contact information. You'll usually receive an email and letter in the mail that contains all the necessary information you will need moving forward.
Take your vehicle to a collision repair centre and get a quote for damages
Once your adjuster has been assigned, they will likely ask you to take your vehicle to a body shop and get a quote for damages. They may be okay with you choosing your own shop or provide you with a list of pre-vetted shops that they have previously worked with. Afterwards, you'll need to submit a copy of this information to your adjuster.
Get your vehicle repaired
After your adjuster gives you the go-ahead, you can then get your vehicle repaired by a body shop. During this time, depending on the type of insurance you have, you may be provided with a rental car so you can get where you need to go while your car is being repaired.
Get compensation from your insurance provider
Finally, once your vehicle is repaired, your adjuster will send you a formal settlement offer that states the amount for which they believe you should be compensated. If injuries are involved, you may want to contact a personal injury lawyer for guidance. Further, if you believe the compensation is not fair, you are able to negotiate until you come to an agreement. At that time, a final release will be sent to you to sign, and you'll receive your payout.
How long do I have to claim a car accident in BC?
The deadline for accident reporting in British Columbia is two years following the date of the collision. However, it's recommended that you notify your provider and open a claim as soon as possible to ensure the other driver's insurance company is notified and you can receive compensation for your injuries and damages as promptly as possible.
How long after an accident can you make a claim in Ontario?
The statute of limitation for accident reporting is seven days in Ontario. Ultimately, it is in your best interests to ensure that your collision reporting happens as soon as possible. Missing this deadline could result in your insurance provider denying your claim, leaving you to pay for any property damage and injuries on your own.
Protect your vehicle with comprehensive insurance
The unexpected can happen at any time, which is why having a comprehensive car insurance policy in place can make a world of difference following a collision. Make sure you have the following types of auto insurance in your portfolio:
Contact BrokerLink today
Whether you're looking for affordable auto insurance or have further questions about what to do in the event you're involved in a collision with other motorists, the experienced insurance team from BrokerLink is here to help.
With locations across Canada, BrokerLink may be in your neighbourhood! Feel free to visit us in person to work with a broker one-on-one! You can also give us a shout on the phone during regular business hours.
In a bit of a rush? Use our free online quote tool to receive a tailored, competitive insurance quote from the comfort of your own home or while you're on the go!
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FAQs about reporting an accident without filing a claim
Do car accidents affect auto insurance rates?
Yes, if you are involved in a collision, it will affect your rates moving forward, especially if you were found at fault unless you have accident forgiveness insurance. So, how long do car accidents affect car insurance rates? It depends on who is at fault for the collision and the severity of the circumstances. For example, a more severe accident could remain on your driving history for six years.
What is a claim experience letter?
A claim experience letter is essentially a document that you can request from your insurance company that outlines your previous experience as a driver and your claims history. You may need this letter if you decide to move to a different province if you've moved to Canada from another country if you were listed as a secondary driver on your former insurance policy, your insurance company has detected discrepancies in the information you've provided, or there has been a lapse in your coverage.
Is a police report required for an insurance claim?
So, is a police report required for an insurance claim? It really depends. If you contact emergency services following an accident, then having a copy of the police report and submitting it to your insurance company is recommended, as it will provide accurate details of what happened. On the other hand, if you did not call the police, given that the circumstances requiring you to do so legally were not met, then you will need to rely on your own evidence for your claims adjuster to review.
Can my insurance company cancel my claim?
Yes, your insurance company can cancel a car insurance claim. Reasons the claim may be denied include a misrepresentation of information, you violated the terms and conditions of your policy, you did not provide your insurance company's claims adjusters enough information, your claim involves some sort of criminal activity like evidence of insurance fraud. During the claims process, if your claim is denied, your insurance company will notify you of the cancellation.
What should I do if my insurance company denies my claim?
If your car insurance company denies your claim, there are a couple of steps you can take if you feel the denial is unwarranted. The first thing to do is determine why your provider said no in the first place. If it has something to do with your insurance information, you may be able to collect further evidence that you can submit to your company. You can also file an appeal letter to your provider and get legal advice from a lawyer on how to proceed.
How many car insurance claims are there in Canada in a year?
While the amount of claims per year in Canada can vary, in 2019, the car insurance sector alone reported $18 billion worth of claims, which means that insurance companies across the country paid a total of $18 billion to policyholders for collision and personal injury claims.
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