Do I Have a Claim in a Single-Vehicle Accident?

driver suffers damages after single-vehicle accidentA single-vehicle accident can happen when a vehicle hits an object on the road, spins out without hitting anything, runs off the road or flips over. Since only one vehicle is involved in the accident, you may be wondering if pursuing compensation will be difficult since another party was not involved. There may not have even been witnesses to the crash. 

If you have been involved in a single-vehicle accident, we encourage you to reach out to an experienced lawyer to discuss your rights and available options. Our lawyers further explain these types of accidents and how to obtain coverage for any resulting injuries and damages. Learn if you may have a valid claim during a free initial consultation. You are under no obligation after this meeting to hire our firm.

Why Single-Vehicle Accidents Often Happen

Road conditions, hidden obstacles and bad weather can greatly impact a driver’s ability to control his or her vehicle and result in an accident. The driver is also almost always deemed at fault, but there are a few exceptions. 

Some reasons single-vehicle accidents often happen include:

  • Slick road conditions – Even when the roadway is clear, black ice can go undetected by a driver and potentially cause a serious accident. The driver can hit a guard rail, snowbank, or a tree.
  • Sun glare – Sun glare can be an issue for anyone driving, particularly at dawn and dusk. However, even if the sun is blinding you, you are responsible for your vehicle at all times.
  • Potholes – Hitting a pothole is considered a single-vehicle accident and will result in the driver being deemed at fault. Vehicles damages by potholes are too prevalent and often unavoidable.
  • Vehicle defect – Defective vehicle parts can prevent a driver from effectively braking or steering and cause a single-vehicle accident. The actions or inactions of a manufacturer may be at fault.  
  • Animal in the road – It is a natural reaction for a driver to try to swerve to miss an animal in the road. However, it is also very dangerous and could potentially create a bigger problem. Unfortunately, it is safer for a driver to hit an animal versus swerving and hitting a fixed object.
  • Flying objects – Rocks hitting the windshield, a tree branch falling on a vehicle or other flying objects can all cause a single-vehicle accident that would not be the fault of the driver.   

Protecting Yourself If Only One Involved in a Crash

Every driver has a legal duty to follow all traffic laws and be reasonably aware of their surroundings. This includes other vehicles, road hazards, weather conditions, etc. Failing to drive with reasonable care can be considered negligence, which is the basis of fault in most car accident cases.

Ontario is a no-fault insurance province. This does not mean that no one is at fault for an accident. However, it does mean that if you are injured or suffer damages in an accident, you will need to go through your own insurance company to get compensated, regardless of who was at fault.

If you become seriously injured in a single-vehicle accident that you believe was not your fault, you may have a claim against a vehicle manufacturer, a government entity or another third party.

In any case, it is important that you report the accident to the police and your insurer. Be sure to gather as much evidence as possible by taking pictures of the accident scene, your injuries and damage to your vehicle. If there were any witnesses present, get their contact information.

A Windsor-based car accident lawyer at our firm is ready to guide you through the claims process or take legal action against another party. We know what it takes to build a strong case for compensation.  

Single-Vehicle Accidents and SABS Coverage

An insured driver or anyone else involved in a crash may be able to receive accident benefits from his or her insurance company. Statutory Accident Benefits or SABS is a mandatory no-fault auto insurance coverage in Ontario. As such, it is included with all basic auto insurance policies.

These benefits are available regardless of who caused the accident and related injuries. It can help cover costs that an injured party incurred in an accident.

Based on the severity of your injuries and how much they impact your ability to perform daily tasks and work, you may be eligible for the following accident benefits under SABS:

  • Reasonable and necessary treatment, such as ambulance services, hospital stays, surgeries, prescription medications, travel to/from doctor visits and prosthetic devices
  • Income replacement for wages lost while unable to work and recovering from your injury
  • In-home care or personal aid if you sustained a severe injury and cannot complete daily tasks
  • Therapy, counseling and other related services to help reduce the effects of your injury

Collision coverage, while optional, could help cover repair costs if you damage your vehicle in an accident by hitting an object. The amount of coverage you have will depend on the coverage limits set in your policy, but many policies with this collision coverage will cover you no matter who was at fault. 

Get Legal Advice from a Qualified Lawyer

If you need legal help after a car accident, get in touch with an experienced lawyer at Greg Monforton & Partners today. We know how insurance companies operate. Our firm has successfully recovered $300 million dollars in compensation on behalf of our clients, including car accident victims.

See how we may be able to help in a risk-free, no-obligation consultation. There are no upfront fees to hire our firm or use our services. We only receive payment if we help you obtain a recovery.

A Firm You Can Trust. Call: (866) 320-4770