Do I Have to Go to Court After a Car Accident in Ontario? What Really Happens in Most Cases?

Weeks after your car accident, they’re telling you “Your scans look normal.” Meanwhile, your reality seems as “un-normal” as can be, what with the pain and fatigue, an absolute terror when you contemplate getting back into a driver’s seat. While you feel absolutely overwhelmed by the insurance claims process, your fear is that hiring a lawyer will translate into a long court battle.

As a reasonable, non-confrontational person, the very prospect of facing a judge “goes against the grain.”

Since the accident, your life has turned into a mad rush of medical and psychological tests, therapy sessions, treatments, and never-ending paperwork from the insurance company. The very last thing you need  to introduce into y our life right now is more conflict and drama.

At the same time, you’re being faced with sobering financial realities that you can no longer ignore. Your regular flow of income has been rudely interrupted. You’d expected much more help to be forthcoming from your insurance company; instead, the company is putting pressure on you to undergo — and pay for — new testing. You’ve been urged to sign paperwork you don’t really understand. The option to file an “appeal” has a short deadline with a long list of disclaimers, warnings, and conditions.

You’ve had phone conversations with two car accident lawyers; in both cases, you felt pressure to bring a court case against the insurance company. You came away feeling that your aversion to being confrontational was not understood or given weight. Perhaps because you didn’t know the right questions to ask, it was not made at all clear to you how the lawsuit process works, or and what really happens in most car accident cases…

After a car accident in Ontario, most injury claims resolve without a trial.
You may start a claim, and in some situations a lawsuit, but court is the exception. Most cases end through accident benefits, negotiation, mediation, or pre-trial settlement steps. A lawyer can often protect your rights and push for a fair result without forcing you into a courtroom.

If you’re not considering a lawsuit, is consulting an auto accident lawyer a good idea?

Yes. Here’s why:

An experienced, knowledgeable auto accident lawyer:

• …is used to dealing with IME medical consultants and with insurance adjusters, demonstrating  the validity of “invisible” but very real sources of your pain and suffering
• …can help you avoid falling into “traps” through casual statements and social media posts 
• …understands the intricate language of any settlement offer and can help you decide whether to accept or reject it
• … protects you without pushing you into a lawsuit

Meanwhile, here are some statistics you ought to know about what really happens in most car accident cases in Ontario:

According to Canadian Lawyer Magazine, an estimated 90% of personal injury cases in Ontario settle out of court, (never reaching trial)!

As Painworth.com points out, most cases most cases (99.97% according to public records around vehicle accidents vs. court cases found) never see a courtroom Canadian courts now tend to consider future costs of care and administrative costs when awarding damages to personal injury cases.. 

Know this: You do not need to be a confrontational person in order to protect your interests following a car crash.

• Your car accident insurer in Canada might have offered you the option of filing an internal appeal,  allowing  you to introduce new evidence that offers the hope of having the initial decision being reversed.  Often, a 60 day “window” is offered within which to file such an appeal.
• If unsatisfied, you could then proceed to the License Appeal Tribunal to resolve the dispute.
• Your personal injury lawyer may not want to “use up” 30 days of the window of time for filing a lawsuit by filing an internal appeal.
• Filing a lawsuit often “triggers” a settlement offer by the insurer.
• Since a large percentage of lawsuits are settled before trial, there exists only a very small chance of you actually needing to appear in a courtroom.