For many Canadians, the arrival of snow signals the start of snowmobile season. It’s a popular way for cottagers to get outdoors and explore. But like any activity, snowmobiling can also come with consequences. Between 2013 and 2019, Statistics Canada reported that, on average, 73 people died per year in snowmobiling accidents across Canada. And that doesn’t include the people who get into accidents.
If you are in a snowmobile accident, regardless of whether it’s a collision with another driver or self-caused, it can be hard to know what the next steps are. To help, here’s a breakdown of what you should do post-accident.
Seek medical attention after a snowmobile crash
The top priority is your well-being and the well-being of other snowmobilers. Being stuck out in cold weather, especially if you’re injured, is dangerous. If the collision is serious, it’s worth calling the authorities. Remember to bring a GPS with you. Since snowmobile trails can be quite remote, providing emergency services with your coordinates will help get them there faster. Try to keep warm while you wait.
Gather evidence from the collision
If the accident isn’t life-threatening and you are unharmed, Ryan O’Connor, a personal injury lawyer with Zayouna Law Firm, says the next step you should take is to collect evidence. Start by photographing your snowmobile to record the damage. If the snowmobile malfunctioned in some way, such as the steering wheel getting stuck or the brakes not working, record that. If you’re in a collision with another driver, make sure to get their insurance and contact information. Or if there was some kind of obstruction on the trail, such as a downed tree, photograph it. This information will be critical when filing an insurance claim or lawsuit.
Consult a lawyer
At this stage, you may want to bring in a lawyer to help navigate the next steps. “It’s prudent for an injured snowmobiler to speak to a lawyer as soon as practically possible,” O’Connor says. “There are some strict guidelines and laws to submit claims for benefits from your own motor vehicle insurer.”
O’Connor recommends speaking with an experienced insurance lawyer or personal injury lawyer who can help file insurance claims that will cover the cost of treatment and recovery for any injuries and damage to your snowmobile.
Types of insurance claims
The type of insurance claim you file will depend on the type of accident you’re involved in. But O’Connor says it’s important to get on top of it quickly as you only have 30 days from the accident to file a claim with your insurance provider.
If you’re injured in an accident, a common claim is statutory accident benefits. This helps pay for the costs of any treatment not covered by your provincial health insurance, the cost of a caregiver, as well as income support, if you’re not able to work.
A collision claim will pay for the cost to repair or replace your snowmobile, if you’re in an at-fault accident, such as driving into a tree.
Direct compensation—property damage covers the cost of damage to your snowmobile if you’re hit by another driver. And uninsured automobile coverage provides compensation if you’re hit by an uninsured driver or involved in a hit-and-run where you don’t get the driver’s information.
If you’re injured by another driver, you may also have grounds to sue them for compensation, O’Connor says. The same applies if you’re injured due to a machine malfunction. You may then be able to file a lawsuit against the vehicle’s manufacturer. If you’re injured on private property due to negligence, such as unsafe trail conditions, you may have grounds to file a lawsuit against the property owner. However, these lawsuits must be filed within two years of the accident.
What if you cause the accident?
If you cause a collision with another snowmobiler, you are liable and could be sued by the other driver for damages. In this case, you want to make sure you have third-party liability insurance coverage. This covers the cost of the claim against you if you are sued. Typically insurance providers will only cover up to a certain amount, though. This could range from hundreds of thousands of dollars to millions. It’s worth finding out from your insurance provider how much you’re covered for.
You should also keep in mind that many insurance providers won’t cover claims if you were found to be under the influence of drugs or alcohol during the accident.
What to look for when insuring your snowmobile
When purchasing insurance, make sure it’s snowmobile-specific. “Not every car or truck insurance policy in Ontario covers recreational vehicles,” O’Connor says. Without snowmobile insurance, you aren’t allowed to drive anywhere other than on your property.
“It’s important to shop around for value, but also for the extensive coverage that you need. There are many possible benefits available to motorists and recreational motorists, such as snowmobilers, in Ontario. But these aren’t often made apparent at the time,” O’Connor says. “It’s important to ask your insurance broker those questions to make sure they not only have good value for coverage, but you have all of the necessary coverages in place to protect you and your family in case you’re injured in an accident.”
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