Injured in a Car Accident in Ontario? Here Is What You Need to Know

Car accidents are one of the most common causes of personal injury in Ontario. If you have been injured in a motor vehicle accident, you may be entitled to compensation — but Ontario's insurance system can be difficult to navigate. Understanding your rights early on can make a significant difference in the outcome of your claim.

Ontario's No-Fault Insurance System

Ontario has a no-fault insurance system, which means that after a car accident, you claim accident benefits from your own insurance company regardless of who caused the accident. These Statutory Accident Benefits (SABs) can include income replacement benefits, medical and rehabilitation expenses, attendant care benefits, and non-earner benefits. Your insurer is required to provide these benefits, but disputes over coverage and entitlement are common.

Suing the At-Fault Driver

In addition to accident benefits, you may be able to sue the at-fault driver for damages. However, Ontario has a threshold for pain and suffering claims — your injuries must meet the legal test of being permanent and serious, and must result in a substantial interference with your important physical, mental, or psychological functions. If you meet this threshold, you can claim compensation for pain and suffering, loss of income (past and future), loss of competitive advantage, future care costs, and other damages.

Time Limits You Need to Know

There are strict time limits in Ontario car accident cases. You generally have two years from the date of the accident to start a lawsuit against the at-fault driver. For accident benefits, you must report the accident to your insurer within seven days (or as soon as practicable) and apply for benefits promptly. Missing these deadlines can mean losing your right to compensation entirely.

What to Do After an Accident

Seek medical attention immediately, even if you feel fine — some injuries do not present symptoms right away. Report the accident to the police if required, and exchange information with the other driver. Contact your insurance company promptly. Keep records of all medical appointments, treatments, and how your injuries affect your daily life. And speak with a lawyer before accepting any settlement offers from the insurance company.

How We Can Help

Ken Wise & Associates helps accident victims pursue the compensation they deserve. Whether you are dealing with an uncooperative insurance company, need help applying for accident benefits, or want to pursue a tort claim against the at-fault driver, we can guide you through the process. Contact us for a consultation about your case.