You were driving. Know your rights.
As a driver, you can claim Accident Benefits from your own insurer, even if the crash was your fault. Notify your insurer within 7 days of the accident, or as soon as reasonably possible.
What your claim can cover
Medical, rehabilitation and attendant care are in every policy. For everything else, it depends on when your policy was bought, not when your accident happened.
Policies bought before July 1, 2026 keep their coverage when renewed, unless you agree to changes in writing.
Every driver’s situation is a little different
You caused the crash
Accident Benefits are no-fault. Your own insurer covers medical, rehabilitation and attendant care benefits whether or not the accident was your fault.
You were driving someone else’s car
If you have your own auto insurance, you claim through your insurer. If not, you may be covered under another policy as a spouse, dependant, or listed driver. Otherwise, you may claim through the insurer of the car you were driving.
You have workplace health benefits
Since July 1, 2026, your auto insurer generally pays first for medical and rehabilitation expenses, except medication. Your workplace benefits may still cover expenses not paid by your auto insurer.
You were driving for work
Your injuries may fall under WSIB, Ontario’s workers’ compensation system, instead of auto insurance, even if you were driving your own car. Accident Benefits and WSIB generally do not both apply, so the first step is to find out which one covers you. Tell us what happened and we will help you sort it out.
Common mistakes that limit compensation
What you do in the first few days can affect your claim.
How VIA Legal helps drivers
What should I do after a car accident in Ontario?
Get medical care first. Notify your own auto insurer within 7 days, then return the application within 30 days of receiving it. Keep receipts and a record of every call with the insurer.
Can I get Accident Benefits if the crash was my fault?
Yes. Accident Benefits in Ontario are no-fault, so you can claim regardless of who caused the crash.
What happens if you hit a pedestrian in Ontario?
Stay at the scene, call for help and report the collision to the police. The pedestrian can claim Accident Benefits. If they have no auto insurance, they can claim through the insurer of the car that hit them. You may also claim Accident Benefits for your own injuries.
Do I claim from my insurer or the other driver’s?
Accident Benefits come from your own insurer, regardless of fault. A claim against the other driver is a separate process.
Driving when it happened?
Free review of your benefits, even if the crash was your fault.
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