Everything You Need to Know About Insurance Claims

Insurance policies are written to cover losses, yet the amount an injured person actually recovers often depends on how the claim is presented, administered and ultimately negotiated. An insurance adjuster’s first offer may fall well short of covering future lost wages, treatment costs, and other eligible expenses, and requests for recorded statements or signed statements can affect a claim before its full value is known.

McNally Gervan LLP represents injured people in Ottawa and across Eastern Ontario. We help clients understand their coverage, deal with insurers, document their losses, and pursue the compensation available to them. Below, we explain how insurance claims work in Ontario, what to do after an accident, and how long a claim may take to resolve.

How Auto Insurance Injury Claims Work in Ontario

Motor vehicle injury claims in Ontario can involve two separate sources of compensation. Statutory accident benefits may provide coverage for treatment, rehabilitation, and income loss regardless of fault. Depending on the circumstances, an injured person may also have a claim against an at-fault driver for losses not fully addressed by those benefits.

Property damage claims for damage to the car operate under different policy provisions of the OAP 1 (Ontario Automobile Policy No. 1). Theft or damage to the contents of a vehicle, may be covered under a homeowners or renters policy.

Understanding which coverage applies, what evidence is required, and how losses should be documented can make a significant difference as a claim develops.

How to Report an Accident to Insurance

Reporting an accident promptly and accurately helps protect your position. After a collision:

• Document the scene, including photographs, witness information, and the other driver’s licence and insurance details.
• Notify your insurer within the required timeframe.
• Describe what happened using facts you observed rather than guesses about fault, speed, or another driver’s actions.
• Keep copies of receipts, correspondence, medical records, and other documents related to the accident.
• Seek medical attention promptly if you are injured or develop symptoms.
• Consider obtaining legal advice before signing a release or providing a recorded or written statement to the insurer.
• Watch out for the 30 day deadline to submit your Accident Benefits Claim to the insurer. It is also important to review the auto insurance policies availalbe to the victim prior to submitting the Application for Accident Benefits (OCF-1). The claim should only be submitted after the circumstances of the accident and review of potentially available auto policies and coverages is complete. Not all auto policies in Ontario have the same Accident Benefits coverages. The victim needs to ensure that he or she selects the best auto policy that is available to them.

We review insurance and injury claims during a free initial consultation and can explain your rights before you make decisions that may affect the file.

How Long Does an Insurance Claim Take to Settle?

Timelines vary considerably. A straightforward vehicle or property damage claim may resolve relatively quickly. Personal injury claims usually take longer because the extent of the injuries, treatment needs, income loss, and future consequences may not be clear immediately.

Most claims move through the same general stages: notice of the loss and submission of Accident Benefits claim, investigation, assessment, negotiation, and either settlement or litigation. More complex injuries, disputes over liability, or incomplete medical evidence can extend that process.

It is generally important to understand the full effect of an injury before resolving a claim. Once a settlement and release are signed, the claimant usually cannot return later for additional compensation if the injury proves more serious than expected.

McNally Gervan LLP handles personal injury claims on a contingency fee basis, meaning legal fees are paid from a successful recovery rather than upfront.

Talk to McNally Gervan LLP About Your Insurance Claim

The decisions made early in a claim, from the first statement to the final release, shape what an injured person ultimately recovers. Getting advice before signing anything can protect a claim’s full value.

If an insurer is asking you to provide a statement, sign a release, or accept a settlement, McNally Gervan LLP can review the circumstances and explain your options. Contact our Ottawa personal injury lawyers for a free consultation. No legal fee is payable unless your claim is successfully resolved.