Motor Vehicle Accident Questionnaire

Important - Please read

Any information given to you by Botan Law Office in response to this questionnaire is given as a courtesy and constitutes only a brief summary of what the applicable law may be to the facts as you have related to us. We will give you legal information, not legal advice, It does not constitute legal advice to be relied upon by you. No lawyer-client relationship will be created. Legal advice is tailored to the specific circumstances of each case, laws are constantly changing, and all the relevant facts will not be know at this time. In order to obtain legal advice that you can rely upon, you must hire a lawyer. If you chose you may hire Botan Law Office to handle your legal problems after you receive this Consultation.

While we will do our best to keep your communication private, we cannot guarantee the confidentiality of information sent to us by email.  Therefore, do not give us information that you wish to keep private.

You must acknowledge by clicking the button below that you understand that we are not entering into a lawyer – client relationship by offering you a consultation and that you must not rely on any information we may give you to resolve any specific legal issues you may have at this time. You acknowledge that any information given by Botan Law Office is simply general information of the law that may or may not apply to your case.

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Understanding the Accident Insurance Claim Process

Most accidents involve two or more vehicles. The first thing you must appreciate is that there are at least two stages of every claim covered by two different insurance companies with two different sets of obligations.  Both stages are completely different from each other in respect of what you can expect to receive. 

The initial stage starts from the date the accident happens and continues for as long as the insurance legislation in the jurisdiction in which the accident occurred states insurance coverage will apply. During this period, you are covered by the insurer of the vehicle you were in when you were injured. This insurer will be responsible to pay you certain benefits for a certain time only.

These benefits can include:

  1. Medical, dental, and most other health services to a maximum;
  2. Funeral expenses;
  3. Death benefits;
  4. Disability benefits if you are totally or partially disabled from your injuries;

That is all this insurer is obligated to pay you.

The second insurer, known as the “Tort insurer” (“tort” is the area of law that “negligence” falls under), represents the liable or negligent party that caused the accident. It is obligated to provide any further compensation and ultimately pay out all damages on your claim not covered by your insurer to the maximum limit of coverage that the negligent party carried.

The Tort insurer is under no obligation to pay you any benefits or compensation until the conclusion of your claim, whether it is by settlement or judgment at trial.  

Time Frame

There is no time limit that prescribes when your claim will end.  It can be at any time after the accident. The “end” comes when either your claim is settled or if you have gone to trial, a judgment is given, and all appeals are exhausted.  Some cases can settle in a matter of months after the accident, others can take years.

Limitation Dates

You must be aware that every jurisdiction has strict limitation dates by which you must bring a legal action in the courts of that jurisdication within certain time limits, (usually 2 years) from the date of the accident. If your claim is not settled by then and you fail to commence a legal action within that time limit, you will be forever barred from collecting compensation for your injuries, damages and losses.

Problems

There are a lot of problems that can arise from a motor accident. Some of the most common are:

  1. the person that hit you was uninsured;
  2. the person that hit you fled the scene;
  3. you were injured as a pedestrian;
  4. you weren’t working at the time of the accident,  but are disabled from your injuries, can you collect any benefits;
  5. you need homecare due to your injuries but your insurer won’t pay for it;
  6. you feel you need special medical treatment but your insurer won’t pay for it;
  7. you lost your job due to your injuries and have no income;
  8. the tort insurer offered you a settlement but you think it’s unfair;
  9. your claim isn’t settled and your limitation date is approaching;
  10. you are in pain from your injuries but your doctor can’t find anything wrong with you;
  11. your accident injuries aggravated a pre-existing condition

Solutions

Both your insurer and the tort insurer are skilled at handling insurance claims. You aren’t. Who is going to protect your rights? Both your insurer and the tort insurer are skilled at handling insurance claims. You aren’t. The tort insurer is protecting the rights of the negligent driver who hit you. Who is going to protect your rights? There is no law that obligates you to hire a lawyer to protect your rights, but if you don’t do it, who will protect your rights?

Services to be Rendered

If retained we will do the following:

  1. Investigate all circumstances we deem necessary regarding your accident;
  2. Retain any agents or experts we deem necessary to assist in the prosecution of your matter;
  3. Pursue any and all legal avenues that we deem may further your cause;
  4. Represent you in our legal capacity up to and including trial and any appeals there from;

As our client, you will decide the general direction your matter will follow, for example, it will be your decision whether we negotiate a settlement or proceed to trial.  Before taking any major step, we will ask for your instructions on how you want to proceed.

We will give you the best legal services we can but you must keep in mind that we can make no guarantees about the outcome of your matter – no lawyer can.  Judges decide trials, not lawyers. You will decide whether to accept or reject any offers that may come, not us.

Communication

Two-way communication will be very important in our relationship. If you ever need clarification of what we are doing, please call or make an appointment for a meeting. If you have any information that might help us to handle your matter you must let us know. We'll report to you from time to time by letter, telephone, email or in person.

We will not send you copies of every letter or document we receive or send.  We may if we deem it necessary send you copies of correspondence or documents that we feel you should have for your records. If you need further explanation of a document or correspondence you receive from us, please call us right away. It is your responsibility to keep us informed of any change in your mailing address or phone number.

Privilege and Confidentiality

Certain communications between solicitor and client are absolutely confidential. This confidentiality is known as the "solicitor-client privilege." Because of it, you can give us all the facts relevant to your matter without fear that those facts will become public. We cannot be compelled by the tax department, the police, the government, or the courts to divulge information that is subject to solicitor-client privilege. The solicitor-client privilege is your privilege, not ours, so only you can waive it.

Not all solicitor-client communications are privileged. The privilege only arises when a client reveals information in confidence to obtain legal advice or services. Information you give us that is not privileged we still treat as confidential. Our ethical rules of conduct for lawyers that all lawyers must follow define the limited circumstances in which we can disclose confidential information. If you have any questions about privilege or confidentiality, please feel free to ask them.

Time Needed

Legal matters sometimes take considerable time to resolve. It is impossible to predict from the outset how long your case will take.  Circumstances change, new facts often develop or your injuries may worsen requiring more treatment.  We can only try our best to move things along expeditiously and protect your interests.

However, keep in mind that you are the client and in control.  We take instruction from you, if you want to end your case at any time you can, even if we think it would not be in your best interests to do so.

Fees and expenses

There is no fee or any form of cost to complete the Questionnaire on line. There is no fee if you retain us and we are unable to obtain any compensation for you.