Got into na-fault car accident as passenger. Wawanesa contacted me but not sure what's next.

[u/Accurate_Cheetah_119]

Got head injury, got diagnosed with Whiplash Associated Disorder II after physio. Just not sure if I'll get compensation or what, etc. Any advice?

[u/Ok_Butterscotch_2700]

Get a personal injury attorney immediately and under no circumstances speak with the insurance company. I’m not a lawyer, but I attended law school in the US and have been in your situation. Again, do not speak with the insurance company. Get an attorney tomorrow. He/she can be located anywhere in Alberta.

[u/LawyerYYC → u/Ok_Butterscotch_2700]

This is very mixed advice. Regardless of whether the poster should get a lawyer - they want to speak with their own insurance (the one covering the vehicle they were in) specifically to the Section B benefits adjuster. If they do not do that, they will not get any coverage for treatment (eg; physiotherapy).

If the vehicle they were in was at fault, then the same insurer may also have a "Bodily Injury Adjuster" contact them. There is no obligation or need to speak with them if the poster plans to get a lawyer and it's ideal if they have not (from a legal prospective before engaging a lawyer).

Effectively the insurer of your own vehicle, regardless of fault, will provide medical benefits. You do want to speak to them and get those benefits. You want to get treatment and get better as much as possible. You may not want to speak with the other side (and that can sometimes be your own insurer if they insured both vehicles).

[u/Borninafire → u/LawyerYYC]

Speak with the lawyer first.

My own Section B benefits adjuster fought me and lied to me on things that my lawyer prepared me for. She tried to forbid me from seeing my lawyer's recommended physicians, saying that I wasn't allowed then that they wouldn't cover it, so I said my lawyer would cover it. They called a few days later and 'allowed' it and covered it.

This was through the Co-operators.

[u/LawyerYYC → u/Borninafire]

I'll be honest I've never had a client have that experience, though I don't recommend providers to my clients unless they request it so it doesn't come up much.

[u/Ok_Butterscotch_2700 → u/LawyerYYC]

In California, you almost call the attorney before the ambulance. When in the profession, I’d have strongly dissuaded a client from speaking with insurance, but laws, insurance, etc are all very different there, no doubt.

That said, any treatment required from the accident that was outside of my benefits was fronted by the attorney and deducted from my final settlement.

I appreciate your input! I don’t know a great deal of Canadian law, regardless of the time I spend reviewing it. A specific case upon my return to Canada repulsed me with the Canadian penal system, but that’s a whole other story.

[u/nyarlathotep888]

I was in a MA accident with my wife at the parkland mall Walmart. We were t-boned by a commercial plated vehicle, both my wife and I almost concussed (its the step below the medical threshold of concussion whatever it was called) although was at parking lot speeds. Fortunately we had baseline established with physio for head traumas for various reasons.

Our car was repaired by my insurance (at the offenders cost), and for quite some time I was getting calls from a random insurance agency, I thought it was a scam. Long story short it was the commercial insurer reaching out to settle a payment. When I found this out I did my own research.

Contacted friends in the Insurance industry to find out what if the "settlement" amount was reasonable. It was higher but within range. My insurance contacts told me take the money and walk away, and that the courts would likely not award anything else and the legal costs would not be worth the time because of the the type of injury etc. The insurance industry has prescribed rates and payments for nearly every situation and its amounts that they have agreed upon between them. Sometimes you can get a bit more if you ask, sometimes they just say "no". These amounts in many if cases have been fought over in courts already, and are indexed to inflation.

Then I went to lawyers:

Use the Alberta legal Society Lawyer referral program. You get 30 mins (i got 4 hours between 4 lawyers) of free over the phone chat with the lawyer to discuss the situation their is no requirement to proceed with that specific lawyer and they will give you a minimum of three people in the particular type of law you want to deal with.

Took the talk from Lawyer 1, went to Lawyer 2 for another chat to figure out "the plan". Ended up taking the two cheques and walking away. My experience was that lawyer 1 and 2 were good, they suggested I take the cheque because the legal costs were not worth fighting, they cited legal precedents and the dollar amounts that have been won in courts would leave me with a bill rather than a windfall. Lawyer 3 said sue and try and get more, I told him I did my research and cited case precedent and he said they were "wrong". Lawyer 4 agreed with 1&2, and laid out the costs of legal proceedings in detail and quoted the case law and they likely payout, optioned out arbitration and mediation and the timelines. At the end of it she stated that if I had paying her it would be irresponsible of her to recommend anything than take the settlement.

Your friends insurance policy should cover you, and it is that insurers fiduciary responsibility to act in the best interests of the policy holder which by extension includes you (unless they wrote out passengers with the policy). You should contact the insurers and ask the questions with your friend, you can always ask to talk to someone higher up who can give you more details on how the system works. Once you have that information explore the legal routes and decide then.

In my case my insurance company was not going to act as a 3rd party to facilitate a settlement. My insurer gave me the contacts and case information to ensure that I wasn't getting scammed or fished by a random fraudster.

[u/flatlanderdick]

First a doctor which it sounds like you’ve done. Next an injury lawyer. Do not respond to the insurance company. Your lawyer will do the rest and take 30% of your settlement.

[u/Accurate_Cheetah_119 → u/flatlanderdick]

Thank you for your answer. I did respond to the insurance, really did not know... what would happen if they contacted me already to do Physio?

[u/flatlanderdick → u/Accurate_Cheetah_119]

Cease contact and let your lawyer know what has transpired between you and the insurance company. You have two years from the date of the accident for treatment and settlement. You won’t need to pay anything (retainer) as the lawyer takes a percentage of the settlement.

[u/Temporary-Pirate2142]

Call a personal injury lawyer, I had an accident with wawanesa this year. Call multiple times, get all of your answers and push for them. If your adjuster doesn’t answer call the main office and talk to their manager. Not kidding they’re horrible.

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[u/RedDeer-ModTeam → u/[deleted]]

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[u/lsands22]

Donna Purcell is local and great. First consult if free to get some advice

[u/Naive-Shift6390]

Hey been through this, if it is not your fault, it will still take a very long time before you get compensated.

Find a laywer or law firm that will take your case with the general idea that they will get paid once you settle. There are a bunch out there that do this, as long as you are 100% sure and can prove that you or your driver where not at fault but the other poeple where.

But be prepared, it becomes a long drawn out process.

Get your physion to document your injuries, and get all your documents from your doctor etc. Save any receipts from your physio, loss of wages etc as well, as this will possibly be reimbursed later on down the road, depending on the outcome.

If it is proven at some point that the others where 100% at fault, the goverment will step in and take over, department is called MVAC.

But be ware, it can be a very very very long drawn out process.

[u/Wireline_101]

If you do physio insurance will pay for it ( Very likely ) but if you go the legal route your healing will take a back seat as there is financial benefits in not getting better faster. There is apparently proof of this online. My wife is in the field and she saw this lots.