Car accident questions in Ontario, answered

Ontario's no-fault system means you can still claim accident benefits regardless of who caused the crash.

You may still be covered through an applicable auto insurance policy or, if no insurance is available, Ontario's Motor Vehicle Accident Claims Fund.

You may still be entitled to accident benefits, but the rules can depend on where the accident happened and the insurance coverage involved. We can review what applies to your situation.

You may still be able to make a claim. Coverage may be available through an applicable auto insurance policy or, in some cases, Ontario's Motor Vehicle Accident Claims Fund.

You may still qualify for accident benefits through your own auto insurance, if applicable, or the insurer of the vehicle that hit you. See our Cyclists and Pedestrians pages for details.

Every Ontario auto policy includes medical, rehabilitation, and attendant care benefits, regardless of fault. Benefits such as income replacement, non-earner, caregiver, and death and funeral benefits are included in policies purchased before July 1, 2026, but are optional for new policies purchased on or after that date. We can check what applies to your situation.

If your policy was in place before July 1, 2026, your existing accident benefits continue, including at renewal, unless you agree in writing to change them. For new policies purchased on or after July 1, 2026, only medical, rehabilitation, and attendant care benefits are mandatory; other accident benefits are optional.

No. You may qualify for income replacement benefits if they are included in your policy and you meet the eligibility requirements. For new policies purchased on or after July 1, 2026, income replacement is optional.

Accident benefits are available regardless of who caused the accident and can help with treatment, rehabilitation, and other eligible expenses. Suing the at-fault driver is a separate claim for the harm and losses, including pain and suffering. In some cases, you can pursue both.

It depends on how your injuries are classified. Minor injuries are capped at $3,500. For non-catastrophic injuries, benefits have a combined limit of $65,000. For catastrophic impairments, the limit is $1 million. Higher limits may be available if optional coverage was purchased.

It's a fast-track category insurers use for common injuries like sprains and whiplash, which caps benefits at a lower amount. Insurers sometimes place people in the MIG incorrectly. If your injuries are more serious than they first appear, this classification can be challenged.

It's a legal classification for the most severe injuries, such as permanent brain injury, paralysis, or loss of a limb. It unlocks significantly higher benefit limits, but qualifying involves a formal medical assessment process.

Yes. You may still qualify for accident benefits even if you don't own a car or have your own auto insurance. Which insurer pays depends on the circumstances of the accident and Ontario's priority rules.

You may still have coverage through an applicable auto insurance policy. If no insurance is available, Ontario's Motor Vehicle Accident Claims Fund may provide compensation in some uninsured or hit-and-run cases.

You generally need to notify your insurer of your intent to make a claim within 7 days of the accident.

You generally have 30 days from when you receive the application package from your insurer to submit your Accident Benefits claim, not 30 days from the date of the accident.

Missing a deadline does not automatically end your claim. You may still be entitled to accident benefits if you have a reasonable explanation for the delay, but it's important to act as soon as possible.

Generally two years from the date of the accident, under Ontario's Limitations Act. This deadline is strict, and courts rarely grant exceptions once it passes.

Yes. You generally have two years from the insurer's denial to file a dispute with Ontario's Licence Appeal Tribunal (LAT). Missing this deadline may prevent you from challenging the denial.

You can dispute it, usually first through the insurer's internal process and then, if needed, through the License Appeal Tribunal (LAT). A denial isn't necessarily final.

It's the tribunal in Ontario that resolves disputes between injured people and insurers over accident benefits, when the two sides can't agree.

Common reasons include disputes about the cause or severity of an injury, the need for treatment, or eligibility for a particular benefit. A denial does not necessarily mean the matter is over.

Yes. If your injuries are more complex than the MIG accounts for, including pre-existing conditions or psychological impacts, this can be argued and sometimes overturned.

An insurer may reassess, reduce, or stop benefits during a claim, but they must explain why. If you disagree, the decision may be challenged through additional medical evidence, or a LAT application.

A licensed paralegal can represent you at the License Appeal Tribunal for accident benefits disputes.

Not all accident-related injuries are visible. Soft-tissue injuries, concussion symptoms, and psychological injuries may still qualify for accident benefits, making early medical follow-up and documentation important.

Yes. Psychological injuries caused by a car accident can qualify for accident benefits, although supporting medical documentation may be required. Psychological services are expressly included under SABS medical benefits.

Symptoms can appear days after an accident, particularly with concussions, soft-tissue injuries, and psychological injuries. This does not automatically prevent a claim, but it's important to seek medical attention and report the symptoms as soon as they appear.

Yes. A pre-existing condition can affect how an insurer assesses whether your symptoms or treatment needs are related to the accident, but it does not automatically prevent you from receiving accident benefits.

Not necessarily. What matters is getting appropriate medical care and documenting your injuries and symptoms. Seeing your doctor and following recommended referrals can help support your claim.

The insurer may require an Insurer's Examination (IE) to assess your entitlement to benefits. If the insurer's assessment differs from your treating provider's, the decision may be disputed.

No. You do not need to be a Canadian citizen or permanent resident to make an accident benefits claim in Ontario. Eligibility depends on the circumstances of your accident and available insurance coverage.

Generally, no. Making an accident benefits claim does not affect your immigration status or application.

Yes. We work with clients in English, Russian, Ukrainian, and Armenian.

Often yes, depending on the specifics. This is worth a free consultation rather than assuming either way.

You can still claim accident benefits if you were injured as a passenger, regardless of who was at fault. The claim is handled through insurance.

We work on a contingency basis on applicable matters. You pay a percentage only if we recover compensation for you, no upfront legal fees.

Yes, with no obligation to proceed afterward.

Yes. You can change legal representation, but your existing agreement and any fees or costs should be reviewed first.

That's what the free consultation is for. We'll review your situation and explain whether there is a claim worth pursuing.

We talk through what happened, your injuries, and your situation, and explain what deadlines and options apply to you specifically.

Every claim is different. Some accident benefit claims resolve within months, while disputed or more complex claims can take longer. We'll give you a realistic timeline once we understand your situation.

You may need to provide information to your insurer, but you don't have to navigate the process alone. It's a good idea to understand your rights and obligations before providing a detailed or recorded statement.

We keep communication direct and in plain language, by email, phone, or WhatsApp, whichever you prefer.

No. Consultations can be done remotely by phone or video, with in-person meetings available by arrangement.