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Assessing Liability in an Auto Accident Case

A Toronto personal injury lawyer really earns his money when it comes time for the insurance company to assess liability in a car accident case. It is incredibly important that every automobile owner understands the process that is used to assess liability, because it can affect how much financial assistance that you get after the accident.

The first thing a car accident lawyer will tell you immediately after an auto accident is that the drivers should never talk to the insurance companies. The biggest reason for this is that the insurance companies will do their best to try and get the drivers to agree to a settlement that may be below what the drivers actually need to take care of the aftermath of the accident. Some of the issues that could be affected include:

  • Emergency care
  • Lost wages
  • Property repairs
  • Long-term care needs
  • Rehabilitation costs

The insurance companies will do whatever they can to make sure that you accept the lowest possible settlement for the accident, but that is not the end of the process. Once the settlement is decided upon, that settlement then has the liability issue applied to it to determine how much you actually get. This is the part of the process that most people are unaware of, and it is the part of the process that has a huge effect on how much of a settlement you get.

Catastrophic injury lawyers spend a great deal of time explaining liability to clients, because it can be confusing. If you are considered to be 50 percent liable for an accident, then you will only get 50 percent of the settlement. When accident victims accept a settlement without a lawyer and then get that discounted settlement check, they do not realize that it is too late to fight the case. Once you agree to a settlement, then the case is considered closed.

Never talk to an insurance company after an accident. It is best to let a trained lawyer talk to the insurance companies and argue about liability. If you simply accept the liability that the insurance company offers, then you could be denying yourself the funds that you need to have a complete recovery from the accident. That includes the recovery of your vehicle and, more importantly, your health.


For assistance with a personal injury and/or insurance claim, please email David Himelfarb at or call 1-855-446-7765, for a free case evaluation.

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I’d like to express my gratitude for you taking care of my car accident injury case. Your strong knowledge and experience solved this case smoothly. I don’t know what I would have done without your effort. Thank You, Best Wishes.

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