The first hour
Check for injuries and call emergency services if anyone is hurt. Do not move vehicles if someone is seriously injured unless there is danger. Exchange licence, insurance and plate details, and get contact information for **witnesses** — they are the evidence that disappears fastest.
Photograph everything: vehicle positions before moving, all damage, the road and weather, signage and sightlines, skid marks. Note the time. If police attend, get the report number.
What not to say
Do not apologise or accept blame at the scene, and do not speculate about fault or speed. You may not know what happened, and fault assessment involves law and physics rather than instinct.
Equally, do not tell anyone you are 'fine'. Soft-tissue and concussion symptoms commonly appear hours or days later, and an early statement that you were uninjured is used against you when they do. Get medically assessed even if you feel able to walk away.
Reporting, and dealing with the adjuster
There are reporting obligations — to police above a damage threshold or where anyone is injured, and to your insurer within the period your policy requires. Late notice can affect coverage.
The adjuster works for the insurer, however courteous. You must cooperate as your policy requires, but you are entitled to advice before giving a recorded statement, and early settlement offers are routinely made before anyone knows your prognosis. A signed release is final.
Where you are decides what you get
**Quebec:** the SAAQ compensates bodily injury regardless of fault and the right to sue for it is removed. The SAAQ file is your only route for injury; property damage goes through private insurers.
**Ontario:** partial no-fault — you claim statutory accident benefits from your own insurer through the LAT if disputed, **and** may sue the at-fault driver for pain and suffering, subject to a statutory deductible and threshold. Two tracks, two independent limitation periods.
**Other provinces:** a mix of no-fault benefits and tort rights that varies considerably. Confirm what applies where the collision happened, not where you live — and if you are a Quebec resident hurt outside Quebec, you may have both a SAAQ claim and a lawsuit.
Frequently asked questions
- Should I say I'm fine at the scene?
- No. Concussion and soft-tissue symptoms often appear hours or days later, and an early statement that you were uninjured is used against you. Get assessed medically.
- Can I sue the other driver?
- It depends on the province. Quebec generally bars suing for bodily injury; Ontario permits it alongside no-fault benefits subject to a deductible and threshold.
- Do I have to give the adjuster a recorded statement?
- You must cooperate as your policy requires, but you are entitled to advice first. Getting it is sensible where injuries are significant.
- Should I accept the first offer?
- Rarely, and not before your prognosis is clear. Settlements are final and include a release of all further claims.
- What if the other driver fled?
- Hit-and-run is still covered under the applicable scheme — the SAAQ in Quebec, uninsured or unidentified motorist coverage elsewhere. Report to police promptly.
This guide is general information, not legal advice. Laws, costs, and procedures vary by state, province, and your specific situation — speak with a qualified personal injury lawyer about your circumstances before acting.