#205, 11150 Jasper Avenue, Edmonton, Alberta T5K 0C7
December 1, 2023

Common Myths About Car Accident Claims

There are several common misconceptions surrounding car accident claims that can often lead individuals to make misguided decisions. It is essential to address these misconceptions to ensure a better understanding of the claims process and the rights of those involved. Keep reading as we debunk misconceptions and provide accurate information to confidently navigate the Alberta personal injury legal system.

Sangin (Sam) Safi

December 1, 2023

There are several common misconceptions surrounding car accident claims that can often lead individuals to make misguided decisions. It is essential to address these misconceptions to ensure a better understanding of the claims process and the rights of those involved.  Keep reading as we debunk misconceptions and provide accurate information to confidently navigate the Alberta personal injury legal system. You may have heard that hiring a lawyer is unnecessary or that insurance companies have your best interests at heart.

Contrary to common myths about car accident claims, this couldn’t be further from the truth. By debunking these common myths about car accidents, we aim to empower you to make informed decisions and protect your rights.

If you need further information or want to discuss your personal injury or car accident claim with a lawyer, don’t hesitate to contact Safi Law Group today. One of our experienced lawyers can give you the peace of mind you need today.

Myth: Insurance Companies Always Have Your Best Interests in Mind

If you believe that insurance companies always prioritize your best interests, you may be falling for a common myth about car accident claims.

In car accident claims, it’s crucial to understand that insurance companies are mostly focused on minimizing their own costs and shielding their bottom line. While they may seem friendly and helpful at first, their ultimate goal is to settle your claim for as little as possible. This is why it is crucial to seek the assistance of a personal injury lawyer who can advocate for your rights and ensure that you receive fair compensation for your injuries and damages.

An experienced lawyer will be able to navigate the complexities of the legal system and negotiate with insurance companies on your behalf. Remember, insurance companies are not on your side, but with the help of a skilled lawyer, you can level the playing field and fight for the compensation you deserve.

Myth: You Don’t Need a Lawyer for a Car Accident Claim

When involved in a motor vehicle accident, it is essential to consider seeking legal representation from a skilled lawyer. There is a common myth that you don’t need a lawyer for an auto accident claim, but this is not always true. Hiring a car accident lawyer in Edmonton can significantly benefit you in navigating the complexities of a vehicle accident or personal injury claim. Lawyers have the expertise and knowledge to help you pursue all available forms of compensation, ensuring that you receive appropriate compensation for your injuries and losses. They can also assist you in negotiating with insurance companies and handling disputes over fault. Without a personal injury lawyer, you might find it challenging to comprehend your rights, stand up for yourself, and maximize your compensation.

Myth: You Must Accept the First Settlement Offer

Stand firm for your rights and fair compensation—resist the urge to accept the first settlement offer from the insurance company after a car accident.

This is one of the common myths about auto accident claims. While it may be tempting to accept the offer and move on, remember that the first offer is often a lowball attempt by the insurance company to settle the claim quickly and save money. You have the right to negotiate for a higher settlement that adequately covers your losses, including physical injuries, emotional trauma, and financial burdens. Safi Law Group has personal injury lawyers available to help you navigate the negotiation process and ensure you receive the compensation you deserve. Remember, you can challenge the initial offer and seek a fair resolution for your motor vehicle accident claim.

Myth: Minor Accidents Don’t Require a Claim

Don’t underestimate the importance of filing a claim, even for minor accidents. While it may seem like a hassle for a small fender bender, protecting yourself and your interests is essential. One common myth about car accident claims is that minor accidents don’t require a claim. However, this is not true. Even in minor accidents, there can be hidden damages that may not be immediately apparent. By filing a claim, you ensure your insurance covers any necessary repairs.

Additionally, you must inform your insurance company immediately if any personal injuries are involved. Medical bills can quickly add up, and you don’t want to be left dealing with them out-of-pocket. So, remember, don’t dismiss the importance of filing a claim for even minor accidents.

Myth: You Have to File a Claim Immediately After the Accident

In Alberta, the law allows up to two years to file a claim. However, in some cases where an uninsured driver or a hit-and-run driver caused the accident, there is a 90-day window to file an accident claim through the Motor Vehicle Accident Claims Act.

After a car accident, it is important to file a claim promptly. You also have options for filing a claim depending on the scenario. One of the common misconceptions about car accident claims is that you have to file a claim right after the accident. In most cases, you are allowed two years. However, in Alberta, the law allows up to 90 days to file an accident claim if you are a victim of a hit-and-run or an uninsured driver accident.

It is always a good idea to consult with a personal injury lawyer who can guide you through the process and ensure you meet all the necessary deadlines.

Myth: Car Accident Claims Always Result in a Lawsuit

Contrary to popular belief, not all car accident claims result in litigation. In fact, most personal injury claims from car accidents are settled outside of court through negotiations and settlements. Filing a lawsuit does not automatically mean that the case will go to trial. Settlements are often reached before reaching the courtroom, with both parties coming to an agreement on compensation. The seriousness of the injuries and the length of the settlement process are important factors in determining whether a lawsuit is necessary. It is crucial to understand that while lawsuits are an option, resolving car accident claims through settlements is a common practice that avoids the need for litigation.

Myth: You Can’t Claim Compensation if You Were Partially at Fault

You can still claim compensation if you were partially at fault in a car accident. In Alberta, you are entitled to accident benefits coverage regardless of your level of fault. The Motor Vehicle Accident Claims Act allows you to seek compensation from those responsible for the accident and your injuries. Alberta’s insurance system includes Direct Compensation Property Damage (DCPD) coverage, which means that if you are found partially at fault, your DCPD coverage will respond proportionately. For example, if you are deemed to be 25% at fault, your DCPD coverage would cover 75% of the damage. While fault determination is important for additional insurance settlements, you can still pursue a personal injury claim and receive some level of compensation for your car accident injuries, regardless of fault.

Myth: Only the Driver Can File a Car Accident Claim

Even if you were not the driver involved in a car accident, you can still file a car accident claim. One common misconception is that only the driver can file a claim, but this is not true. If you were a passenger, pedestrian, or cyclist involved in a car accident, you have the right to seek compensation for your injuries and damages. It is important to remember that car accident claims are not limited to just the drivers involved. Whether you were a passenger in the car or a bystander, if you suffered injuries or property damage due to the accident, you have the legal right to file a car accident claim and seek the compensation you deserve. Don’t let this myth deter you from taking the necessary steps to protect your rights and receive the compensation you are entitled to.

Myth: Motor Vehicle Accident Claims Always Go to Court

Let’s be honest: most claims can be resolved through alternative dispute resolution methods, such as settlement discussions or mediation. It is a common myth that car accident settlements always get sorted out in court. In reality, many claims are settled outside of the courtroom. Insurance companies often prefer to settle claims through negotiation or mediation to avoid the time and expense of going to trial. A car accident lawyer can help guide you through this process and advocate for your best interests. Working with a lawyer allows you to explore options for resolving your claim without needing a court appearance. It is important to dispel the misconception that all car accident claims automatically go to court, as there are alternative avenues available to reach a resolution.

Myth: You Can Only Claim Compensation for Physical Injuries

You can claim compensation for more than just physical injuries in a car accident. It is a common misconception that car accident claims only cover physical injuries. In reality, you can also seek compensation for non-physical damages such as emotional distress or mental anguish that resulted from the accident. These types of damages are known as pain and suffering, and they can be included in your claim. To ensure you receive a fair settlement for all the damages you have suffered, it is important to consult with a personal injury lawyer who specializes in car accident claims. Safi Law Group will guide you through the legal process, help you gather evidence, and fight for your rights to ensure you receive the compensation you deserve.

Myth: Your Insurance Rates Will Skyrocket After Filing a Car Accident Claim

After a car accident, it’s natural to worry about your insurance rates increasing significantly. However, the belief that filing a claim will automatically cause your premiums to skyrocket is a common myth about car accident claims. The reality is that several factors come into play when determining whether your rates will increase and by how much. If you were not at fault in the accident and have a clean driving record, your rates may remain unchanged or not increase significantly. Some insurers also offer accident forgiveness programs that can prevent your rates from increasing. The specific details of the accident and your insurance provider’s policies will also determine the exact rate increase. It’s important to remember that not reporting an accident could lead to a denial of coverage, which could result in higher legal and liability costs in the long run.

Myth: Car Accident Claims Are a Lengthy and Complicated Process

Navigating the process of a car accident claim can seem daunting, but it is important to understand that it is not always a lengthy and complicated journey. While there may be common myths surrounding car accident cases, the reality is that the duration and complexity can vary based on the specifics of your case. In Alberta, the settlement timeline can range from 3-4 months to a year, depending on the complexity. However, it is important to note that the majority of personal injury matters in Alberta are resolved without going to trial. In fact, as many as 98% of claims are settled before reaching the court. With the guidance of a personal injury lawyer and a thorough understanding of the process, you can effectively navigate through your personal injury claim and achieve a resolution in a timely manner.

Lastly, here are some Frequently Asked Questions about the myths surrounding car accident claims.  We hope you learned more about the truths behind the myths surrounding accident injury claims after a car accident.   For more information or to request a free initial consultation to discuss your case, contact us today.

Q: Can I handle my car accident claim in Alberta without hiring a lawyer?

A: While it’s possible to handle your claim without a lawyer, it’s advisable to consult with an experienced car accident lawyer. They can guide you through the legal process and work to ensure you receive a fair settlement.

Q: Should I see a doctor after a car accident, even if I don’t feel injured?

A: Yes, it’s crucial to see a doctor after a car accident, even if you don’t feel immediate symptoms. Some injuries may not manifest right away, and having documentation of a medical examination is important for any potential personal injury claim.

Q: What are the common myths about car accident claims in Alberta?

A: There are several myths about car accident claims, such as the belief that filing a claim is always a lengthy and complicated process. In reality, with the help of an experienced personal injury lawyer, many claims can be resolved efficiently.

Q: Do I have to pay for a consultation with a car accident lawyer?

A: Safi Law Group offers free consultations. This allows you to discuss your case and determine if you want to hire a lawyer without any financial commitment upfront.

Q: Can I file a personal injury claim in Alberta if I was partially at fault for the accident?

A: Yes, Alberta operates under a comparative negligence system, which means even if you were partially at fault for the accident, you may still be eligible for compensation.

In Alberta, the amount of compensation you may be entitled to receive will be reduced by the percentage of your own fault for the accident. For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%. It is important to note that determining fault can be a complex process and may involve the expertise of insurance adjusters, lawyers, or even a court. Consulting with a personal injury lawyer at Safi Law Group can help you understand your rights and navigate through the legal process to ensure you receive the compensation you deserve.

Consult with a car accident lawyer at Safi Law Group in Edmonton to help you understand your options in such cases.

Q: What is a contingency fee basis for hiring a car accident attorney?

A: A contingency fee means that the lawyer’s fees for a personal injury claim are due upon the successful resolution of your case. This allows individuals to seek legal representation without having to pay upfront fees, as the lawyer’s payment is contingent upon the outcome of the case.

Q: Are there specific time limits for filing a personal injury claim in Alberta?

A: Yes, there are time limits, known as the statute of limitations, for filing personal injury claims in Alberta.

In Alberta, the general time limit for filing a personal injury claim is two years from the date of the accident or injury. However, it is important to note that there may be some exceptions to this rule depending on the circumstances of the case. For example, if the injured party is a minor or if the injury was not immediately apparent, the two-year time limit may be extended. It is advisable to consult with a personal injury lawyer to understand the specific time limits that apply to your case. Failing to file a claim within the prescribed time limit may result in the loss of your right to seek compensation.

It’s important to be aware of these limitations, as failing to file within the specified timeframe could result in the loss of your right to seek compensation.

Q: What should I do if the at-fault driver’s insurance company offers me a settlement?

A: Before accepting any settlement offer, it’s advisable to consult with a car accident attorney. They can review the offer and determine if it is fair and adequate to cover your medical bills, lost income, and other damages resulting from the accident.

Q: Do injury claims in Alberta have a cap on compensation for minor injuries?

A: Yes, Alberta has a minor injury cap in place, limiting the amount of compensation for minor injuries resulting from car accidents.  This cap is currently set at $5,202 for minor injuries such as sprains, strains, and whiplash. The minor injury cap is designed to reduce insurance costs and combat fraud within the industry. It is important for individuals who have sustained minor injuries in car accidents to be aware of these limitations and seek legal advice if they believe they are not being fairly compensated. Consulting with a lawyer can help you understand how this may affect your potential compensation.

Q: How can I determine if I need to hire a car accident lawyer for my case?

A: If you have questions about your rights, are unsure about the settlement offered by the insurance company, or believe the accident resulted in significant damages, it’s advisable to seek the counsel of an experienced car accident lawyer.

More Articles and Insights

Avoid these mistakes to ensure you don't find yourself lost in the maze of legal nuances, ensuring a fair and accurate representation of your case.
Consider this: a seemingly innocent social media post celebrating a night out could be misconstrued by insurance companies as evidence that you are not as injured as claimed. The information you share online has the power to either bolster or undermine your case. Understanding the critical role social media plays in the legal landscape is essential for safeguarding your claim's integrity.
Navigating fault in Alberta parking lot accidents can be like solving a complex puzzle. With regulations, evidence, and interpretations at play, the stakes are high and the nuances are paramount. Factors such as vehicle speed, right of way, and driver actions all play crucial roles in determining liability. Witness statements, collision reports, and even seemingly minor details can shift the scales of fault. Understanding the interplay of these elements is essential for unraveling the intricacies of fault determination in parking lot incidents in Alberta.
View All

Safi Law Group is pleased to be listed amongst the best law firms in Edmonton for the areas of law we practice

About Us
clever canadian logo

Best in Clever Canadian

chevron-down