Nothing beats heading out for a walk on a nice sunny day. A gentle breeze, some hot sun and perhaps stopping at a sidewalk cafe for a coffee makes taking a walk one of the best ways to relax and unwind. That’s why it can be so hard to know what to do if you are hit by a vehicle when out walking. Your peaceful break ruptured by a violent accident.
The most important thing to do if you have been hit in a car – pedestrian collision is to get medical attention to ensure that you aren’t in any immediate danger. Certain injuries, like concussions and soft tissue injuries, may not be obvious or apparent immediately after an accident so it’s a good idea to see your family doctor, or attend a walk-in clinic, as soon as possible after the incident.
Should I Make a Report About the Accident with my Insurance Company?
When you are hit by a vehicle it can be incredibly disorienting and confusing. Take the time you need to ensure your immediate medical needs are met.
Then make sure you get the particulars of the driver that hit you, specifically their name and address and details of their insurance coverage (the name of the insurance company, their policy number and the effective dates of the policy). The easiest thing to do is to take a picture of their driver’s license and insurance card with your phone.
After that is taken care of, there will be time to report the accident to your own insurance company and possibly to the police.
You should notify your own insurance company within a week of the accident occurring. In Nova Scotia, provincial law also requires that you make a police report for any report that involves personal injuries (or property damage over $2000).
My Claim was Denied, Can I Dispute the Result?
There are several reasons why a pedestrian accident insurance claim might be denied. The most common reason is that the driver’s insurance company claims the pedestrian is at fault for the accident because they were jaywalking or crossing against a red light. Just because the insurance company says the accident was your fault does not mean that you are not entitled to receive compensation!
In the case that your claim is denied then you are able to dispute it. Find out the reason why it was denied and contact a personal injury lawyer to discuss what options are available for disputing the claim.
It should be noted that you don’t have to be the one that was in the accident in order to make a claim or file a lawsuit. If a family member of yours was killed because they were struck by a vehicle while out on a walk then you may have the right to file for loss of care, guidance and companionship.
What insurance benefits am I automatically entitled to receive in Nova Scotia after a car – pedestrian accident?
Remember, even if the pedestrian accident was your fault there are certain benefits you are automatically entitled to receive. However, if you don’t act promptly you may lose your right to compensation.
In Nova Scotia, this coverage is called “No Fault” or “Section B” coverage (since it is found under section B of the standard automobile insurance policy). The insurance coverage includes:
- Up to $50,000 in medical and rehabilitation benefits for up to four years after the accident.. This covers expenses for any medically necessary expense for medical treatment (like prescriptions for pain medication or chiropractic treatment) or rehabilitation (for example physiotherapy or massage therapy) or travel to and from your appointments.
- Up to $250 a week to make up for lost income.
- If you aren’t working at the time of your accident but you were the principal housekeeper in your home, and your injuries prevent you from being able to perform those duties, then your weekly benefits are $100 a week for up to 52 weeks.
However, to get these benefits it’s important that you report the accident within the window of time described above. So always put your insurance claims in quickly.
Can I File a Lawsuit after being Hit by a Driver while Walking?
In the best case scenario, you get struck by a vehicle and don’t suffer any injury. Or, if you are injured, and have no trouble getting access to accident benefits, those benefits are enough to cover any money you would lose such as potential income or medical bills and you would be able to move on with your life and focus on your recovery.
But it is often the case that things don’t work out in the best possible way. Instead you might find yourself struggling to get by after a denied claim. You’re stuck owing tons of money as a result of an injury that wasn’t your fault.
It’s in cases like these that it is important to remember that you have the right to sue the driver that struck you. If you believe that the driver’s negligence caused the accident then you can take them to court. A lawsuit like this can be a way of making up for the economic losses you took from being unable to work or the funds necessary for you to continue seeking health care. Funds can also be awarded as compensation for the pain and suffering the accident has caused you.
What Should I Do if I’ve Been Hit by a Driver While Walking?
If you were struck by a vehicle while you were out walking in Canada then you have already experienced the most traumatic part of the accident. Now, as you’re trying to heal, comes the frustrating elements of dealing with insurance companies, negligent drivers and the struggle to get the money you need to be fully compensated.
It’s important to hire an experienced pedestrian accident injury lawyer that knows exactly what you are going through and what challenges await you. A personal injury lawyer that will be able to offer you personalized guidance on what steps you need to take, when you need to take them and what you can expect on each and every step of the process.
Lucky for you, we happen to know a few good lawyers just like that here at McKiggan Hebert. Give us a call at (782) 400-0010 to see what your next move is now that you are seeking the justice you deserve after being struck by a driver while out walking in Canada.