You've Been in a Car Accident: What Happens Next?

Matthew Pearn | January 20, 2025 

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With motor vehicle accidents in New Brunswick on the rise, it's more important than ever to be prepared for the unexpected. When a collision occurs, it's a jarring shift from a routine drive to a high-stress situation. In that moment, adrenaline often takes over, making it difficult to think clearly or remember what information you need to collect.

Whether you've experienced a minor fender-bender or a more serious collision, refreshing yourself on the necessary steps ensures that you aren't just reacting to the chaos, but protecting your physical health and your legal rights.

Here is what you need to know to navigate those first few moments and ensure your path to recovery—both medical and financial—is secure.

Safety First

The Immediate Safety Check Before you reach for your phone or exit the vehicle, stop and take a breath.

• Check Yourself First: Slowly move your limbs and check for pain or disorientation. Adrenaline can mask serious injuries like internal bleeding or concussions.

• Check Your Passengers: If you are able, ensure that your fellow passengers are conscious and breathing.

• Check for Danger: If you are in an active traffic lane and the vehicle is capable of moving, try to get to the shoulder and turn off the engine. If the vehicle is smoking or you smell gas, exit and move to a safe distance behind the guardrail and away from traffic immediately.

  
  

Call for Help

In New Brunswick, you are required to report any accident involving injury or property damage. Calling 911 ensures that paramedics are dispatched and that an official police record is created. Even if the other driver suggests that you "settle it privately," a police report is your best protection against shifting stories later.

Ensuring Your Legal Rights

The moments and weeks following a motor vehicle accident (MVA) are often a blur, from the incident itself to the series of medical appointments and insurance calls. At Whitehead, Miles and Allen LLP, we frequently hear from clients in two stages: immediately after the crash, or several weeks later, once the initial shock has subsided.

Regardless of your timeline, the ultimate goal remains the same: to preserve your rights and secure the resources you need to heal.

1. The Card: Your Most Important Document

At the scene of the accident, a police officer will often provide you with a small card. This is the key to your claim. It contains:

• Date, time, and the exact location of the collision.

• Names and contact details of other drivers.

• Vehicle details (make, model and license plate).

• Insurance provider and policy numbers.

  
  

  

  Keep this card. It allows us to immediately put the other driver’s insurer on notice and open a claim for your benefit.

2. Understanding Your Own Coverage (Section B and Section D)

Even if you weren’t at fault, your own insurance policy plays a vital role in your recovery.

• Section B Coverage: This helps cover medical expenses and income replacement regardless of who caused the accident

• Section D & SEF 44/NBEF 44 (Family Protection Endorsement): If the other driver is uninsured or underinsured, your own policy can step in to ensure you are not left carrying the financial burden of their negligence.

Your Initial Consultation: A Checklist

To help our legal team advise you fully during our first meeting, we recommend gathering as much information as possible. If you can email these items ahead of time, it allows us to hit the ground running.

What to Bring to Your Meeting:

• Accident Details: The police report “card,” or any evidence from the scene/injury photos from your phone, and contact details for any witnesses. This can include photos of vehicles.

• Medical Records: Any bills or documentation related to your medical care and recovery, along with a list of doctors and other health care providers you’ve seen since the accident.

• Insurance Info: Details of your policy and any correspondence you’ve received from any insurer, including the at-fault driver's insurer.

• Proof of Economic Loss: Pay stubs, T4s, or Records of Employment to document lost wages.

• Identification: Government-issued ID, your Medicare card, and any private insurance cards (e.g., Blue Cross).

When you meet with us, we encourage you to be candid about everything that happened. Even small details can be crucial. 

Authorization and Fees:

After we meet and we take on your case, we also take over the “heavy lifting” of collecting evidence to support your claim. To do this, we will ask you to sign certain documents necessary to carry out our work:

• Authorization and Release Forms: These allow us to communicate with doctors, employers, and insurers on your behalf.

• Contingent Fee Agreement (CFA): This agreement retains our firm to help you and ensures that you face no upfront legal fees. Our fees are a pre-agreed percentage of your final settlement. If we don’t win, you don’t pay legal fees.
  

How Whitehead, Miles and Allen LLP Will Help You

An automobile collision can be a life-changing event. Beyond the immediate physical pain, victims and their families are often left navigating complex insurance claims, medical bills, and loss of income. We will support you through your claim and pursue your best possible outcome.

If you find yourself injured due to another driver’s negligence or inattention, or if you or a family member are dealing with the aftermath of a fatal accident involving a loved one, you do not have to navigate these legal paths alone. 

Our team at Whitehead, Miles and Allen LLP know how to help you through this difficult moment and how to preserve your rights to pursue a financial recovery against the at-fault driver. Contact us today for a professional consultation to discuss your legal options and protect your future.