A Guide for When You Have a Car Accident: What To Do

Nobody knows when an accident might happen. Even a careful driver can find themselves stopped on the shoulder of the road with traffic whistling by. Across Canada, road safety has been slipping, with motor vehicle fatalities climbed by 6 percent in 2022, followed by another 4 percent rise in 2023. These are the first back-to-back increases in thirty years; a stark reminder of how unpredictable the road can be.

At DWA Law we know the confusion at the scene of a car accident, the shock of seeing damage to a vehicle, the physical and mental pain that lingers long after the scene has been cleared, and the uncertainty about what comes next. What follows is a clear explanation for when you have a car accident, so you know what to do.

Your safety comes before the accident report, insurance claim, or any part of the claims process. If your vehicle is drivable, move it to the side of the road or a safe place. Turn on your hazard lights so approaching traffic can see you. If you have warning triangles or an emergency kit, set them up at a safe distance behind your vehicle. 

Every second at the accident scene should be focused on safety until conditions are stable.

Take a careful look at yourself, passengers, and anyone else involved in the accident. Adrenaline can mask pain, so check slowly and deliberately. If someone appears injured, confused, or unable to move, call emergency services right away. Do not move an injured person unless there is an immediate safety risk, such as fire or incoming traffic. 

The driver of each involved vehicle has a legal obligation to remain there until emergency services come to the scene or local police give instructions. Prompt medical attention ensures that injuries are treated early and documented for any future insurance claim.

In Ontario, you are legally required to contact police for car accidents involving injuries, suspected impaired driving, or significant property damage. Local police may attend the scene of the accident or direct you to the nearest collision reporting centre, but for less severe collisions, you may be told to complete a joint report at the nearest police station. 

Having a police report on file strengthens your position with your insurance company or the other driver’s insurance company if there are disputes. Even in minor situations, a police record can simplify the claims process and avoid confusion later.

Once safety is addressed, exchange information with all parties involved in the accident. This should include the driver’s licence number, licence plate number, insurance information, and contact details for each driver. If there are witnesses, you should also collect their names and contact numbers as well. 

Politely avoid discussing who was at fault, and do not admit fault to the other parties, witnesses, or insurer until the facts are reviewed. Exchange the contact details needed for the accident report. Keep everything factual and organized for your insurance provider.

If you are able, you should use your phone to record pictures or videos of the accident scene in detail. Photograph vehicle damage, road conditions, traffic signs, skid marks, and weather, and capture multiple angles of all vehicles involved, including each plate number and areas of visible damage. 

If there is property damage to nearby structures, include that as well. Pictures and videos help preserve the accident details for both the police report and your insurer. The more evidence you gather, the better your position will be if disagreements arise over the fault or repair costs during the claims process.

Notify your insurance provider as soon as possible. You should provide them with accurate accident details, including the police report number if available. Your car insurance company may request copies of photographs, licence plate numbers, and witness information you gathered at the scene. 

By reporting promptly, you allow your insurer to open the file quickly and begin arranging repairs or inspections for your vehicle. Any delays in reporting can cause issues with coverage or slow down the claims process.

If you are injured, or if there are disagreements about fault, speak with a lawyer before dealing directly with the other driver’s insurance company. A car accident lawyer from our team can help you secure accident benefits, address disputes, and guide you through injury claims or negotiations. 

Legal support is especially important when injuries are complex or when your insurance company is slow to respond. A lawyer can help clarify your rights, explain timelines, and handle communication with insurers. They also ensure you don’t miss critical deadlines that could impact your eligibility for compensation or long-term support.

DWA Law has the knowledge and experience to handle car accident claims, insurance disputes, and civil litigation involving injury.  We represent clients in all areas of personal injury, from slip and fall accidents to long-term disability and medical malpractice. Our personal injury lawyers work on a contingency fee basis, meaning you do not pay unless we recover compensation. Legal guidance ensures your rights are protected during each step of the process.

If you have been injured or are facing complications with your insurance company, contact us for a free consultation. We will review your case, manage communication with insurers, and work toward the best possible resolution while you focus on healing.