Depending on the circumstance and kind of claim, different time limits apply.
Typically, the restriction countdown begins on the accident date itself.
Guidelines for limitation periods following a motor vehicle accident injury:
- Within 24 hours, notify the police.
- Inform your insurance provider within seven days.
- Within 30 days, submit a statutory accident benefits claim.
- A province or municipality must be notified of a claim within ten days of the day the accident or injury occurred.
- It is best to give notice of potential civil lawsuit claims as soon as feasible. This aids the court in figuring out when the statute of limitations began.
- filed a personal injury claim within two years after the incident
- Private roads that are slick or need repairs have a two-year restriction period. To retain your right to file a claim within the 2-year window if the accident involves municipal property, a written notice of claim must be submitted within ten days of the accident.
After a Car Accident Lawyer, Are You Thinking of Suing? You Must Read This Our checklist outlines safeguards for your claim and compensation. Obtain it here
Even if you have a solid case, your claim will likely be rejected once the limitation period has passed. Unless the aggrieved party has exceptional circumstances that prohibit them from initiating a lawsuit, the court has no obligation to extend the statute of limitations.
You must thus consult a lawyer for car accident before making any sort of claim. Our staff conducts extensive study and research to advise you on the best course of action.
How may you violate the Ontario automobile accident limitation period?
The Lawyer For Car Accident statute of limitations is two years, which may seem like a long time, but accident victims cannot afford to wait that long to file a claim and begin the legal procedure. You risk losing your injury lawsuit if you are not aggressive in getting legal counsel.
Effects of protracted delay:
- The case might be dismissed if the defence claims unjustified bias against its clients.
- Evidence is lost, witnesses are unreachable, or their memories of the incident are fading.
- Following the completion of investigations by the fire department, police, and EMS, your arguments become less convincing.
- If a claim is not filed within the deadline, limitations periods have passed, and even winning suits will be dismissed.
- There are instances where you didn’t feel compelled to file a claim right away.
Maybe it took some time for your injuries to show up following the collision.
You either learned too late that the insurance settlement for a vehicle accident compensation amount was insufficient or they weren’t instantly linked to the collision.
What should you do if you filed a lawsuit in Ontario more than two years after the vehicle accident?
Typically, an injured party has up to two years from the accident date to submit a claim.
Exceptions
The rule does not always apply. The 2-year term won’t begin at the moment of the accident if the injured party is a juvenile (under 18) or is unable due to a medical, mental, or psychological condition. A litigation guardian may file a claim on their behalf.
There could also be delays brought on by criminal investigations, the discovery that an act of negligence led to harm or medical issues that weren’t treated within the 2-year window.
How can you help?
You might be able to challenge the deadlines if the date you first recognized you needed to file a lawsuit for losses and damages incurred as a result of the injury was earlier than that.
A broad criterion called “discoverability” is used to prevent the unfairness of forbidding an activity before the person may raise it. You might be able to recover your loss if you identified a claim within the restrictions.
To find out if you have a claim, it is advised that you contact a car accident law firm very away.
Following an automobile collision, you should do the following.
Hire a qualified attorney to help you with the claims procedure and to advise you on what information to report. The majority of drivers, passengers, pedestrians, and cyclists who are harmed in an accident are entitled to no-fault benefits.
Applying for these benefits as soon as feasible is advised. Take steps to obtain monetary reimbursement for your medical expenditures, rehabilitation fees, and other losses, such as missed earnings.
When you file a lawsuit in Ontario following an Ontario car accident lawyer, be prepared to present evidence to establish liability, such as police records, witnesses, photos, medical bills, etc.
In situations where there were some leeway to admit a car accident claim problems or factors that prevented the claimant from filing a timely claim or delaying it, courts do have some discretion to accept an automobile accident claim after the limitation period has passed. In such circumstances, the court will let an automobile accident victim present evidence as to why the statute of limitations began after the event itself.
To explore your accident, your legal options, how much you can recover from the vehicle accident, or if you may be sued for a car accident if you have insurance, schedule a free, no-obligation consultation.