After a car accident, there is a lot of stress and many unknowns to navigate. Especially in accidents involving injuries, retrieving personal belongings from your vehicle may be the furthest thing from your mind. At Virk Personal Injury Law, we want to ensure you have the information you need during this challenging time.
Where Is Your Vehicle Taken?
ur car is towed following a car accident, it will likely be taken to an auto yard or garage for an estimate on the cost of repairs. The location of your vehicle should be within the knowledge of your insurance company but if not, it will be provided by the towing service or the police.
Your Right to Access Personal Belongings
Unless the police direct otherwise, a General Regulation of Ontario’s Consumer Protection Act provides that towing and storage services must allow you or someone acting on your behalf to access the vehicle to remove personal property. According to Section 65.12 of the Regulation, this property can include money, valuables, documents, and records belonging to you.
When Can You Access Your Vehicle for Free?
The regulation specifies that between 8 am and 5 pm on business days, the tow or storage provider may not charge you a fee to access your vehicle and remove your personal belongings. This ensures that you have a fair opportunity to retrieve your items without incurring additional costs during regular business hours.
Accessing Your Vehicle Outside Business Hours
If you need to access your vehicle outside of these hours or on non-business days, the tow or storage facility may charge a reasonable fee for permitting access. It’s a good idea to call ahead and confirm any potential charges to avoid surprises.
Documenting the Damage
When you go back to your vehicle, it is a good idea to photograph the damage if you did not get a chance to do so at the scene of the accident. These photos can be useful for insurance claims and any potential legal actions. Documenting the condition of your vehicle ensures that you have accurate records of the damage incurred.
When Can the Police Prohibit Access to Your Vehicle After a Car Accident?
1) Ongoing Investigation
If the accident is under investigation, the police may prohibit access to your vehicle. This is common in cases where there are serious injuries, fatalities, or if the accident is suspected to involve criminal activity, such as impaired driving. The police need to preserve the vehicle as evidence and prevent any tampering until their investigation is complete.
2) Unsafe Conditions
The police may also restrict access if the vehicle is in an unsafe location or condition. For example, if the car is in a position that poses a hazard to traffic or is at risk of causing further accidents, access may be denied until it is safe. Additionally, if the vehicle itself is structurally compromised and accessing it could pose a danger to individuals, police will prohibit access.
In cases where the accident involves hazardous materials, such as fuel spills or chemical leaks, the police may restrict access to protect individuals from potential harm. The vehicle and surrounding area need to be secured and cleaned up by appropriate hazardous materials teams before anyone can safely approach.
3) Legal Holds
Sometimes, a vehicle may be placed under a legal hold due to ongoing litigation or insurance disputes. In such cases, access might be restricted until the legal issues are resolved. This is less common but can occur in complex accident scenarios involving multiple parties and significant damages.
What to Do If Access Is Prohibited
If you find yourself in a situation where access to your vehicle is prohibited by police, here are some steps you can take:
Communicate with Authorities: Stay in contact with the police handling your case. They can provide updates on when access might be granted and the reasons for the restriction.
Document Your Belongings: Make a list of personal items in the vehicle and inform the police. This documentation can be helpful for insurance claims and to ensure all your belongings are accounted for when access is eventually granted.
Contact Your Insurance Company: Inform your insurance provider about the situation. They can offer guidance and support during this period, including potential coverage for temporary vehicle rental or other immediate needs.
Seek Legal Advice: If the situation becomes complex or if you believe your rights are being unfairly restricted, consider seeking legal advice. At Virk Personal Injury Law, we can provide guidance and assistance to ensure your rights are protected.
Accessing your personal belongings after a car accident in Ontario is a right protected by law. Knowing the procedures and regulations can help reduce stress and ensure you recover your items promptly. If you have any questions or need legal assistance following a car accident, contact Virk Personal Injury Law. We are here to support you every step of the way, ensuring you receive the help and compensation you deserve.