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Do I Have to Give a Statement to the Adjuster?

If you are injured in a car accident in Ontario, there are a number of important steps you need to take in order to protect your rights.  One of these steps is to notify your broker or insurance company about the accident.  Your insurance company will then assign an adjuster to handle your claim.  But what if this adjuster contacts you and wants to meet to talk about the accident and get a written statement – what do you do?

Your responsibilities

If you own an automobile in Ontario, certain basic insurance is required by law and you are covered by the provisions of Ontario Automobile Policy (OAP 1).  Under this mandatory scheme, if you are going to be applying for Accident Benefits, you are required to report the accident to your own insurance company within 7 days of the collision (or if unable to do so, as soon as possible after that). For more information about what benefits may be available to you if you are injured in a car accident, read our blog Understanding No-fault Insurance Benefits in Ontario.

Once you have reported the accident, a claims adjuster will be assigned to your file.  This adjuster, often referred to as your accident benefits adjuster, will likely contact you and may want to meet with you to get a statement about the accident.

How we can help

There is no question that you must co-operate with the accident benefits adjuster assigned to your file – however, it is usually a good idea to speak with an Ontario injury lawyer before you meet with the adjuster and sign a statement.   Any written statement you give to your accident benefits adjuster will typically be a document that must be produced in any lawsuit you may have against the other driver – so it is extremely important to ensure this statement only covers questions related to your claim for accident benefits.  Otherwise you may be jeopardizing parts of your civil lawsuit.

Other Driver’s Insurance Adjuster

In some cases, you may be contacted by an adjuster representing the other driver’s insurance company.  Under no circumstances should you meet with or give a statement to this adjuster, except in the presence of your lawyer.

Our lawyers have the expertise and knowledge to ensure you are meeting your obligations under your insurance policy without adversely affecting any possible lawsuit you may have against the other driver involved in the collision.  We will also work to make sure you are receiving all the benefits and services available to car accident victims.

If you have been injured in a car accident, contact us at  Ferguson Barristers or at 1-800-563-6348 for a free, no obligation initial consultation.

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