Which Insurance Company Pays Your Accident Benefits in Ontario?
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After a car accident in Ontario, the first practical question is simple: who do I call?
Accident benefits are paid on a no-fault basis, so the answer depends on your insurance situation, not on who caused the crash. You can usually claim even if the accident was your fault, and even if you have no car insurance of your own.
Injuries and car damage are two separate claims
- Your injuries: accident benefits come from an insurer in the order below, no matter who caused the crash. This is the part VIA Legal handles.
- Damage to your car: usually handled by your own insurer. How much it pays depends on who was at fault under Ontario's Fault Determination Rules and on the coverage you chose.
The rest of this page is about your injuries.
The order of insurers
Start with the first option on this list that applies to you:
- Your own auto insurer. If you have an auto policy, you claim from it, whether you were driving, a passenger or on foot.
- The policy you are covered under. If you have no policy of your own, you may be covered under the auto policy of a spouse or a parent you depend on.
- The vehicle you were in. If neither applies and you were a passenger, the insurer of that vehicle.
- The vehicle that hit you. If you were a pedestrian or cyclist with no coverage of your own, the insurer of the vehicle that struck you.
- Any other vehicle involved in the accident.
- The Motor Vehicle Accident Claims Fund. The provincial fund of last resort, when no insurance is available.
Not sure which of these applies to you?
Ask us which insurer to call →Hit and run, or an uninsured driver
If you have your own auto policy, or are covered under a family member's policy, you claim accident benefits from that insurer, as usual. If no one involved had insurance, or the other driver cannot be identified, the Motor Vehicle Accident Claims Fund can pay accident benefits to Ontario residents injured in an accident in Ontario. Contact: 1-800-268-7188.
Since July 1, 2026, the Fund follows the new rules: medical, rehabilitation and attendant care benefits remain available, but the Fund does not add the benefits that became optional, such as income replacement. This makes any policy in your own household more important, so check it first.
How a Motor Vehicle Accident Claims Fund claim starts
- Report the accident to the police.
- Call the Fund at 1-800-268-7188 as soon as you can.
- The Fund pays only if no auto policy applies to you, so it will ask about every policy in your household.
- The Fund can recover what it pays from an uninsured driver who caused the accident.
What changed on July 1, 2026
Medical, rehabilitation and attendant care benefits remain mandatory in every Ontario auto policy. Most other benefits, including income replacement, became optional, and since July 1, 2026, those optional benefits no longer extend to pedestrians, cyclists and certain passengers under someone else's policy. That makes it more important to know which policy is yours. Read what the reform means if you are hurt.
The two deadlines that start right away
When you call, the insurer will usually ask for the injured person's name, the injuries, policy and vehicle details, and what happened. What you say in that first call can matter later, so it is worth getting advice before you give a detailed statement.
VIA Legal identifies which insurer you claim from, makes sure each deadline is met and reviews your application before you send it. Nothing to pay unless we win, and we work in English, Russian, Ukrainian and Armenian.
Frequently asked questions
I don't own a car. Can I still get accident benefits?
Yes. You may be covered under a family member's policy, the vehicle you were in, or the vehicle that hit you.
The accident was my fault. Am I covered?
Usually yes. Accident benefits are no-fault.
The driver who hit me drove away. Who pays?
Your own policy or a family member's policy first. If there is none, the Motor Vehicle Accident Claims Fund.
I was a passenger in a friend's car. Whose insurance pays?
If you have your own auto policy, or are covered as a spouse or dependant under one, you claim from that insurer. If not, you claim from the insurer of the car you were in. Since July 1, 2026, that insurer may pay only the mandatory medical, rehabilitation and attendant care benefits.
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