Paralegal or Lawyer After a Car Accident in Ontario? Who Handles What
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After a car accident in Ontario, you may have two separate claims. A licensed paralegal can handle one of them, your accident benefits, from the application to a Licence Appeal Tribunal hearing. The other, a lawsuit against the at-fault driver, usually needs a lawyer. Here is how to tell them apart.
Two claims after one accident
Accident benefits (SABS)
- What it covers
- Medical and rehabilitation costs, income replacement, attendant care and other benefits under the policy
- Who pays
- Usually your own insurer, or another insurer in a set order. See which insurer pays
- Does fault matter
- Benefits are paid regardless of who caused the accident
- Where disputes go
- The Licence Appeal Tribunal (LAT)
- Key deadlines
- Notify the insurer within 7 days, send the application within 30 days of receiving the package, dispute a denial at the LAT within 2 years
- Who can represent you
- A licensed paralegal or a lawyer
Lawsuit against the at-fault driver (tort claim)
- What it covers
- Pain and suffering, losses beyond what benefits pay, and Family Law Act claims by close family
- Who pays
- The at-fault driver's insurer
- Does fault matter
- Yes. You have to show the other driver was responsible
- Where it goes
- The Ontario Superior Court of Justice. Small Claims Court only for claims up to $50,000
- Key deadline
- Generally 2 years from the accident date
- Who can represent you
- A lawyer. A paralegal only in Small Claims Court
Most injured people in Ontario start with accident benefits, because they pay for treatment and lost income while you recover. Whether a lawsuit also makes sense depends on how serious the injury is and who was at fault.
What a licensed paralegal can do for your accident benefits claim
The Law Society of Ontario licenses paralegals to represent clients before tribunals created under Ontario law. The Licence Appeal Tribunal is one of them, and accident benefits disputes go there. In practice, a paralegal can:
- Open the claim with the insurer and keep track of the 7-day and 30-day deadlines
- Prepare and file the OCF-1 application and the forms that follow
- Push back when a treatment plan is refused or your injury is placed under the Minor Injury Guideline
- Handle the insurer's calls and letters and prepare you for its medical examinations
- Negotiate with the adjuster
- File a LAT application and represent you at the case conference and the hearing
When you need a lawyer
- Suing the at-fault driver for pain and suffering. These lawsuits usually go to the Superior Court, where paralegals do not appear.
- Appealing a LAT decision to the Divisional Court.
- A catastrophic impairment. The Law Society's rules limit paralegal work on accident benefits claims of a person who has, or appears to have, a catastrophic impairment, such as a severe brain or spinal cord injury. If your injuries may be catastrophic, ask about this at your first consultation.
A note on smaller injury lawsuits. Ontario subtracts a statutory deductible from pain and suffering awards below a set threshold: $46,790.05 in 2025, adjusted every year. For less serious injuries, the deductible can take most or all of a pain and suffering award, so accident benefits are often the main source of support.
Unsure which claims you have?
Tell us what happened →Can you have both?
Yes. Many people pursue accident benefits and a lawsuit at the same time. Some use one personal injury law firm for both; others work with a paralegal on accident benefits and a lawyer on the lawsuit. Amounts paid as accident benefits are generally taken into account in the lawsuit, so tell each representative about the other and share key documents. The 2-year deadline for the lawsuit runs from the accident date, separately from your accident benefits deadlines.
How to check who you are dealing with
Every licensed paralegal and lawyer in Ontario is listed in the Law Society of Ontario's public directory. Search by name: a paralegal licence is shown as P1, a lawyer licence as L1. You can check our licence, P21370.
VIA Legal handles accident benefits claims and LAT disputes for people injured in Ontario. Nothing to pay unless we win. At the free first review we tell you which claims you have, and when part of your situation needs a lawyer, we say so at the start. We serve clients in English, Russian, Ukrainian and Armenian and usually reply the same business day.
Frequently asked questions
Can a paralegal represent me at the Licence Appeal Tribunal?
Yes. Licensed paralegals can represent you in accident benefits disputes at the LAT, including the case conference and the hearing.
Can a paralegal sue the at-fault driver for me?
Only in Small Claims Court, for claims up to $50,000. A lawsuit for pain and suffering after a car accident usually goes to the Superior Court, where a lawyer represents you.
I already have a lawyer for my lawsuit. Can someone else handle my accident benefits?
Yes, if your lawyer is not handling them. Tell both representatives about each other so the two claims stay coordinated.
Is a paralegal enough if the insurer denied my accident benefits?
For most denied claims, yes. Disputes about treatment plans, the Minor Injury Guideline, income replacement and other benefits go to the LAT, where paralegals represent clients. Catastrophic impairment claims are the main exception.
VIA Legal Services Professional Corporation. Naira Velumyan is a Licensed Paralegal in Ontario (LSO #P21370). This article is general information, not legal advice for your specific situation.
Naira Velumyan is a Licensed Paralegal in Ontario and the principal of VIA Legal. She holds a PhD in psychology and is a Registered Psychotherapist, which shapes how she handles psychological injury claims. Read more about Naira