VIA Legal
Drivers Passengers Cyclists Pedestrians FAQ
For passengers

You weren't driving. You still have rights.

Many passengers assume they have no legal options after an accident, especially when the driver is a friend or family member. That's not true.

THE QUESTION MOST PASSENGERS ASK
Do I have to sue my friend or family member who was driving?
No
The claim goes through insurance, not against the driver personally
You have the same right to claim as anyone else injured
You can claim whether or not you own a car or have a policy
Unsure which insurance company covers you? Tell us what happened, and we will work that out for you.
As a passenger

Depending on your circumstances

  • §1 Medical and rehabilitation benefits included in every policy
  • §2 Attendant care included in every policy
  • §3 Income replacement or non-earner benefits if included in your policy
  • §4 Coverage for out-of-pocket expenses if included in your policy
Which rules apply to your policy?
Ontario changed these rules on July 1, 2026. What matters is when your policy was purchased, not when your accident happened.
Important to know

What every passenger should understand

You have the same right to compensation as anyone else injured in the crash.

01
You don't need to sue the driver to access accident benefits
02
The insurance company pays, not the driver personally
03
Delayed treatment can affect entitlement
04
Injuries aren't always visible, physical and psychological both count
05
Early settlements can affect long-term recovery
No win, no fee
You only pay if we recover compensation for you.
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How we help

How VIA Legal helps passengers

Identifies the right insurer
Even when it's not obvious which policy applies to you.
Handles forms and deadlines
Every document, tracked and submitted on time.
Explains all your options
Including situations most passengers don't know apply to them.
Manages the process
You focus on recovery. We manage the rest.

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