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What Happens in a Car Accident Settlement?

Don’t delay discussing your matter with us to find out how to build a winning case.

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What Happens in a Car Accident Settlement?

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Car Accident Settlement

Car accidents can be incredibly disruptive to your life, and if you’ve experienced one you may be wondering whether you need to take legal action. Knowing what happens in a car accident settlement can help you make this decision.

Below you’ll learn more about the different types of claims after an accident and how they work.

Types of Claims

If you’ve been injured in a car accident, there are two types of claims: no-fault accident benefits and tort claims. While you’ll undergo a different set of steps for each type of claim, either of them may be settled at any point in the legal process.

No-Fault Benefits

If you were injured in an accident, no-fault benefits will be provided by your auto insurer regardless of who was at fault. These benefits pay for medical treatment, income loss, attendant care and caregiving expenses.

You will need to submit a claim form to your insurer, after which they will either accept or deny your claim. You may also need to submit additional forms if you get further medical treatment or spend money on other accident-related expenses.

Again, your insurer can always accept or deny your claim. Remember that if you settle your claim with your insurer, you will usually receive a one-time payment rather than continued benefits payments, so if they make an offer that seems unfair, it’s a good idea to seek legal help.

Tort Claims Benefits

If you were a passenger, pedestrian or driver who was not completely at fault for the accident, you are eligible to file a tort claim. This type of claim is against the at-fault driver’s insurer. If the driver who was at fault has no insurance or doesn’t have enough insurance, you can bring a tort claim with your own insurance company.

Tort claims typically compensate you for pain, suffering, additional medical care, rehabilitation, income loss, or other expenses you or your loved ones had to pay after your accident.

Most personal injury cases settle out of court, but you’ll still need to undergo the tort process, which first involves notifying the at-fault driver’s insurance company. Your lawyer may also recommend that you file your claim with the court or negotiate with your insurer prior to doing this.

Next, your lawyer will provide evidence including medical records and police reports to the at-fault driver’s insurer, showing that you were not at fault. This will be followed by an examination for discovery. During this process, the at-fault driver’s lawyer will question you about the accident, treatments, and how your injuries have affected your life.

At this point, the insurer may want to settle. If the settlement isn’t successful, it will be followed by mediation and then a pre-trial meeting with the judge, during which settlement will be discussed and may occur prior to your case going to court.

Typically, tort claims are settled when the insurer offers a lump sum settlement. If you accept it, your claim is closed. Your lawyer will provide you with advice on whether or not you should take the settlement or if you could potentially receive more by going to court.

Knowing When to Settle

Your lawyer is your most valuable source of advice on whether or not you should settle your car accident claim. Taking this advice is important because if you don’t accept the settlement offer and receive less than the offer during your trial, you may have to pay a portion of the defendant’s legal fees, which can be quite costly. It is of course always your decision whether or not to settle, but an experienced lawyer will have the expertise to offer you sound advice.

Now that you’ve learned about the possible outcomes of your accident claim, download our personal injury recovery kit or book a free consultation with an accident lawyer.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

rajdeep 8977
2 weeks ago
I am very grateful to David and Mena from Himelfarb Proszanski for their hard work and dedication in handling my sister’s case after she sadly passed away in a road accident in Brampton in 2023. During such a difficult and painful time for our family, David and Mena treated us with compassion, professionalism, and respect. They worked very hard on the case, kept us informed, and fought to make sure our family received justice and a fair settlement. We truly appreciate everything they did for our family. Their support and commitment meant a lot to us during one of the hardest times in our lives. I would highly recommend David and Mena to anyone looking for caring, professional, and dedicated lawyers. Thank you both for everything you did for our family.
Carl Herteis
2 months ago
In late May 2024, I retained the law firm, HIMPRO, for legal counsel after being hit by a car while crossing a street and suffering a shoulder replacement. Silene Malhao was assigned to my case and would ultimately represent me in a lawsuit for pain and suffering. This required two meetings to be held: a Discovery meeting was held in December 2025, followed by a Mediation meeting in July 2026. In both cases Silene held a preparation session with me to provide a purpose for each meeting, the attendees and what my involvement would be. These meetings were of a great benefit to me as they reduced my stress on me due to not being familiar with the court process. The purpose of the Mediation meeting was to get an agreement from the two parties for a settlement and remove the need to proceed to court. The defendant opened with an offer and Silene explained the pros and cons of the offer and told me that I could either accept the offer or make a counter-offer. She asked if I understood the options and their ramifications and asked for my decision. I chose to not accept the offer and make a counter-offer. She suggested an amount and why it was reasonable. This activity of an offer/counter-offer occurred several times and ultimately the defendant made a final offer which I accepted. I felt that the preparation for the two meetings by Silene were very helpful to me for lowering my stress level, for giving me an understanding of the process and ultimately reach a settlement. I felt very confident throughout the process. Silene's experience in this regard showed through to me and I am very satisfied. A very professional job.
Lejaun Salmon
2 months ago
I couldn’t have asked for a better team to represent me. David and Mena at Himelfarb Proszanski were absolutely amazing throughout the entire process. They were great communicators, always kept me informed, answered my questions, and made sure I understood what was happening every step of the way. The process was long, but having a team that truly advocated for me made all the difference. David fought hard for me and made sure everything possible was done to ensure I received the maximum amount I was entitled to. Mena was also incredibly helpful, responsive, and supportive throughout the process. I’m extremely grateful for their hard work, dedication, and professionalism. If you’re looking for a team that genuinely cares about their clients and will fight for you, I highly recommend Himelfarb Proszanski, David, and Mena!
Ellis St Croix
4 months ago
⭐⭐⭐⭐⭐ — Himelfarb Proszanski (HimPro) I came to HimPro after being wrongfully cut off my Long Term Disability benefits by Sun Life Financial — one of the most stressful and overwhelming experiences of my life. From the moment I signed my retainer, I felt like I actually had people in my corner. David Himelfarb is the real deal. His experience and strategic clarity gave me confidence at every stage. He told me the truth — even when it was hard to hear — and that honesty is what helped me make good decisions, including accepting the mediation outcome. He never oversold anything and he never let me down. Mena Brar was absolutely exceptional. She handled my documentation with professionalism, patience, and precision. I had an enormous amount of paperwork and she kept everything organized and on track. She genuinely cared about the outcome and it showed in every interaction. Selene — incredible communication and follow-through. Always responsive, always on point. She made sure I was never left in the dark. This team went up against a major insurance company and a complicated situation that they made easy they delivered. If you're dealing with a disability claim denial in Ontario, don't wait — call HimPro. I'm grateful to all three of them. — Ellis St. Croix
Ellis St Croix
4 months ago
Dear David, I just wanted to take a moment to say thank you — sincerely, and from the deepest part of my heart. When I came to you, I was worn down. The longest year of fighting a system that seemed designed to make people quit had taken everything out of me. I had the truth on my side, but I didn't know if that would ever be enough. You made it enough! You took my case, you believed in it, and over the course of a year you saw it through to the end with a level of care and skill that I will never forget. It has been a long year — but the right kind of long. The kind where you know the work being done matters. The settlement we reached means I can finally breathe again. I can clear the slate, rebuild, and step into something new and re invent myself — a life I can actually look forward to. That door would not have opened without you, and I want you to know that I understood that every single step of the way. You are genuinely exceptional at what you do. But more than that, you handled everything with integrity, with patience, and with real human decency. In my experience, that combination is rare. I was lucky to have you in my corner!! Thank you so very much, David. From the bottom of my heart — truly. With deep gratitude and respect, Ellis St. Croix
Ramzi Alkhouri
8 months ago
This had been an amazing service, they know what they are doing. They got me what I deserve, they have the experience and I was very satisfied with the results. I highly recommend my family and friends to HIMPRO.
Bryan Pilon
8 months ago
HIMPRO recently represented me for an insurance claim. They are a great firm, and more importantly, genuinely good people. I highly recommend them. From the beginning, they handled my case professionally and compassionately. Mena was amazing, her attention to detail and understanding made the process so much better. David and Silene also worked on my file and they were both honest, and highly knowledgeable lawyers. I felt fully informed and I was able to trust their judgement completely. My case was resolved in a very reasonable time given my circumstances. In my opinion, you will not be able to find a better group of people to handle your legal issues.
She Silva
8 months ago
I’m very happy with David and his team. Very professional and knowledgeable. Reputable law firm.
Patricia Gooden
9 months ago
Excellent communication skills from the Receptionists to my Lawyer and the Clerks. I will always appreciate all the support and good work that they are doing i am very grateful to have them supporting me, especially Dan Holland a very patience and professional person. Thank you.
Yoav Gurevich
9 months ago
Lauren and Alisha provided prompt and honest feedback when reviewing the terms of my employment contract. They consistently prioritized my what's best for my situation throughout the entire process. Highly recommended.

HIMPRO BY HIMELFARB PROSZANSKI

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

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