How do I Approach an Accident Claim on Another's Property in Ontario?
If you are injured while you're on someone else's property in Ontario, you might incur considerable medical expenses. You are entitled to file a claim against the property owner or his insurance, if he has any. Whether you fell down a flight of stairs, slipped on a slick surface or were attacked by the property owner's dog, the property owner is liable for any damages you suffer. Maintain complete and accurate records of everything that happens, including documentation of your medical care, so that you can easily show that he owes you money.
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Instructions
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Gather all documentation that you have that is related to the accident. Medical bills, receipts for payments you've already made, police reports, photographs of the accident scene and statements from any witnesses are all good items to have. These prove that you were injured, prove where you were injured and show that you need to be reimbursed for medical expenses.
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Speak with the property owner or tenant to find out if he has homeowner's insurance. If he doesn't own the property, ask if he has renter's insurance, which functions similarly to homeowner's insurance. Ask for his insurance policy number, full name and complete address. Write all of this information down.
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Call the property owner's insurance company to find out what his policy limits are. If the insurance company will pay for your bills in full, submit the information that they require to them. This may include copies of your medical bills or receipts for payments that you've already made. The insurance claim process may take several weeks or longer, but you should receive a check for the amount that the company covers under the property owner's policy. If he doesn't have insurance, ask if he will pay you himself.
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File a lawsuit against the property owner, if necessary. If he doesn't have insurance and isn't willing to pay you out of pocket, his insurance limits don't cover your complete medical bills or if you decide to sue him for negligence, emotional distress or punitive damages, hire a personal injury attorney to represent you. Give your attorney copies of all of your documentation related to the accident so that she can prepare a solid case against the property owner. Be prepared for an expensive, lengthy legal process that could take months or even years before a resolution is reached.
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Tips & Warnings
File your accident claim or lawsuit within the statute of limitations. Check with your attorney or the property owner's insurance company for deadlines.
