Hitting a moose or another animal on the road can cause serious injuries and significant vehicle damage. These types of collisions can result in costly repairs and medical care to aid in your recovery.
If you have been in a wildlife-vehicle collision, you may be able to file a claim to help cover these damages. This will depend on your auto insurance coverage and the nature of the collision, among other factors.
Below, our Windsor-based car accident lawyers discuss how insurance providers handle wildlife collisions, tips on how to avoid hitting an animal while driving and what to do if it does happen. Our firm offers a free case review to discuss your claim and determine your eligibility for compensation.
Get answers to your legal questions. Call (866) 320-4770
Wildlife-Vehicle Collisions in Ontario
Canada has an abundance of wildlife, from moose to wood bison to polar bears and grizzlies. Unfortunately, it is also a place where collisions involving large animals have become a growing issue. About 14,000 wildlife collisions happen each year in Ontario alone. These collisions account for approximately 10 per cent of all accidents in the province.
According to the latest Ontario Road Safety Report, the number of animals hit on Ontario roads has increased year over year. 11,175 drivers reported vehicle damage and another 365 sustained injuries in a wildlife collision in 2017. However, many of these collisions surprisingly go unreported.
Wildlife is more active and likely to be seen on the road at dawn and dusk when visibility is reduced. During the wintertime, driving conditions make it more difficult to see an animal on the road and stop in ample time to prevent an accident. Autumn is actually peak season for collisions involving wildlife.
These collisions frequently happen due to a lack of attention and excess speed – both of which contribute to delayed reaction times from drivers.
What to Do If You Hit an Animal on the Road
Even good drivers can find themselves in a collision with an animal. By taking the following actions, you can protect your well-being and help preserve your claim for compensation.
- Pull your vehicle over to a safe location away from traffic
- Remain in your vehicle to avoid being in another accident
- Turn on your hazard lights to alert drivers of an emergency
- Check to see if you or anyone else involved is injured
- Call 9-1-1 to report the collision and have a police report filed
- Inform the police if the animal is blocking traffic or creating a hazard
- Refrain from touching the animal even if it seems harmless
Additionally, be sure to take pictures of the collision, including any visible injuries and damage to your vehicle. Having an experienced lawyer on your side representing your best interests through the claims process can be beneficial as you seek the maximum amount possible for your damages.
Filing an Insurance Claim for Damages
It is important to have the right type of insurance coverage in the event of a collision, especially if you travel through areas where wildlife is prominent.
An accident with a large animal can result in a significant amount of damage to your vehicle. If you file an insurance claim with collision and comprehensive coverage – both of which are optional in Ontario – the costs for these damages may be covered under your policy.
Collision coverage offers protection if your car is damaged in an accident while comprehensive coverage offers protection for non-related accident damages, such as theft, vandalism or hitting an animal.
For instance, collision coverage may be used if an animal was already lying on the roadway from being previously hit but you also managed to hit the animal. You likely should have seen the animal in time to slow down and react safely to avoid an accident.
Comprehensive coverage, on the other hand, may be used if an animal suddenly runs into the road and you hit it. There was not much that you could have done to avoid the situation.
Avoiding a Collision with Wildlife
Driving defensively is important when traveling through wildlife-inhabited areas. This means being cautious of wildlife, driving within the posted speed limit and slowing down or coming to a stop if needed. Other ways to help reduce your chances of a collision with an animal include:
- Try to avoid driving before or after dawn and dusk
- Scan your surroundings and watch for animal movement
- Reduce your speed if you see shining eyes on the road at night
- Keep your windshield clean and headlights properly adjusted
- Do not drive while distracted, drowsy or impaired
- Use your high beams when you can to check the sides of the road
- If an animal appears on or near the road, slow down and pass carefully
- Do not swerve – If you must use your brake, do so firmly and stop quickly
Get Experienced Legal Assistance Today
If you have suffered damages in a collision, Greg Monforton & Partners is ready to discuss your available options in a risk-free consultation. To date, our firm has recovered $300 million for our clients.
You are under no obligation to hire our firm after meeting with a member of our legal team. We only get paid for our services if we successfully help you obtain compensation.
Free Case Review. Ph: (866) 320-4770
If you have been seriously injured in an accident, your insurer is supposed to pay for any reasonable and necessary medical treatment not covered by Ontario’s health care plan or group insurance plan, up to the policy limits.
But what is deemed reasonable and necessary treatment? And how can this be proven to an insurer in order to get compensated for your injuries? This process will require several different factors, including certain medical evidence from your treating doctor. Otherwise, the insurance company may say that your injuries are not as serious as you claim and reject paying for the medical costs you have incurred.
If you have a valid claim, our legal team is ready to collect and present evidence to establish that your medical treatment has been reasonable and necessary to aid in your recovery. The initial consultation costs nothing and you are under no obligation to hire our firm. We only get paid if you get paid.
Medical Treatment Covered by Insurance Companies
The Statutory Accident Benefits Schedule (SABS) is a mandatory no-fault auto insurance coverage in Ontario and is included with all basic auto insurance policies.
The medical and rehabilitation benefit under SABS provides coverage for reasonable and necessary medication and rehabilitation costs not covered by health care, such as:
- Acupuncture
- Ambulance services
- Chiropractic care
- Counseling
- Massage therapy
- Mobility devices
- Occupational therapy
- Physiotherapy
- Prescriptions
- Rehab support
Proving Your Treatment is Reasonable and Necessary
Being able to receive medical treatment for an injury is important for anyone’s recovery after an accident. Treatment can alleviate pain and improve movement and function impaired by an injury.
However, an insurer may deny paying for your medical treatment if they believe that your incurred costs you have incurred are not reasonably associated with the injuries you are suffering from.
Determining what treatment is reasonable and necessary after an accident can be difficult, which is why hiring an experienced lawyer may benefit your claim. A Windsor-based personal injury lawyer from our firm is prepared to review your claim to determine if your insurance company is acting in bad faith and the legal options available to you.
What is considered reasonable and necessary treatment will vary on a case-by-case basis. Your unique circumstances, including your insurance policy and treating doctor, will be taken into account to determine whether any treatment provided is absolutely essential.
Case law has generally held that reasonable and necessary treatment should have identified, reasonable goals. In other words, any goal set must be met to a reasonable degree. For instance, if one of the treatment goals for an injured accident victim is to help alleviate (rather than eliminate) pain so he or she can participate in normal daily activities, the recommended treatment will likely be deemed reasonable and necessary.
The cost-effectiveness of treatment is also important. If the overall costs (not just money, but time) for the treatment is high but the degree of success is low, the treatment will unlikely be considered reasonable and necessary. Treatment that may cause further injury is also unlikely to be reasonable.
A lawyer can help you gather the objective medical evidence needed to show that your treatment is reasonable and necessary. This can include medical exams, tests, diagnostic imaging and other types of documentation provided by your treating doctor to establish the seriousness of your injuries.
Reach Out to Our Firm to Get Started
Proving your medical treatment is both reasonable and necessary and getting the compensation needed to pay for these costs can be challenging. At Greg Monforton and Partners, we know how insurance companies think. We have decades of experience handling claims on behalf of clients to seek the maximum compensation possible.
Our initial consultations are 100 percent free and come with no obligation to retain our services. Since we work on a contingency fee basis, our firm receives no payment unless we help you obtain a recovery.
Call (866) 320-4770 for answers to your legal questions today.