For passengers

You weren't driving. You still have rights.

You can claim Accident Benefits even if the driver is a friend or family member. Notify your insurer within 7 days of the accident, or as soon as reasonably possible.

Free Case Review Call (647) 460-3430

The question most passengers ask

Do I have to sue my friend or family member to claim Accident Benefits?

✓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

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.

When was your policy bought?

Your policy keeps the same Accident Benefits coverage.

Medical and rehabilitation benefitsCovered

Attendant careCovered

Income replacement or non-earner benefitsCovered

Visitor expenses and damaged personal itemsCovered

These benefits remain available under your policy, subject to eligibility.

Want us to confirm what your policy includes? Ask us

Policies bought before July 1, 2026 keep their coverage when renewed, unless you agree to changes in writing.

Situations we see with passengers

Which insurer you claim from depends on your insurance coverage, not the driver's

You have your own car insurance

You claim from your own insurer, even though you were a passenger in someone else’s car. This surprises many passengers.

You have no car insurance

You may be covered under another insurance policy as a spouse, dependant, or listed driver. If not, you claim from the insurer of the vehicle you were in.

Two passengers, two insurers

Two people in the same car can claim from different insurance companies, because each one starts with their own coverage.

The driver was at fault

You can claim Accident Benefits regardless of who caused the crash, including when the driver is a friend or family member.

What changed in 2026

Since July 1, 2026, optional benefits such as income replacement no longer automatically cover passengers under the driver’s policy. To receive these benefits, you must qualify under a policy that includes them: through your own insurance or as a spouse, dependant, or listed driver.

What every passenger should understand

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

You don't need to sue the driver to access Accident Benefits

The insurance company pays, not the driver personally

Delayed treatment can affect entitlement

Injuries can be invisible: physical and psychological both count

Early settlements can affect long-term recovery

No win, no fee

Nothing upfront. Nothing until we win.

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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 options you may not know are available to you.

Manages the process

You focus on recovery. We manage the rest.

Questions passengers ask

Can a passenger claim Accident Benefits in Ontario?

Yes. If you have your own auto insurance, you generally claim through your insurer. If not, you may be covered under another policy as a spouse, dependant, or listed driver. Otherwise, you can claim through the insurer of the vehicle you were in.

Will my Accident Benefits claim affect the driver?

Accident Benefits are no-fault. You can claim without suing the driver, whether they are a friend, family member, or someone else.

What do I need when I call the insurer?

Your name, details of the accident, the vehicle you were in, and any injuries you sustained. Notify the insurer within 7 days of the accident, or as soon as possible.

Hurt as a passenger?

We find the insurer you claim from. The review is free.

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