Personal Injury from a Car Accident in Ontario: Your Rights

Ontario's Auto Insurance System: Two-Track Approach

If you are injured in a car accident in Ontario, you have access to two potential compensation systems: Accident Benefits (no-fault) and a tort claim against the at-fault driver. Understanding both systems is essential to maximizing your recovery.

Accident Benefits: No-Fault Coverage

Regardless of fault, you can claim accident benefits from your own automobile insurer (or the insurer of the vehicle you were in). Accident benefits include:

• Medical and rehabilitation benefits (up to $65,000 for non-catastrophic injuries; up to $1,000,000 for catastrophic impairment)
• Income replacement benefits (70% of gross income up to $400/week for standard benefits)
• Attendant care benefits for those with serious injuries
• Non-earner benefits for those who do not qualify for income replacement

File your accident benefits claim promptly — within 7 days of the accident if possible, and within 30 days to avoid prejudicing your claim.

Tort Claims: Suing the At-Fault Driver

In addition to accident benefits, you may have the right to sue the at-fault driver for damages not covered by accident benefits. To bring a tort claim for general damages (pain and suffering), you must meet the "threshold" — your injuries must be "serious and permanent" as defined in the Insurance Act. A statutory deductible applies to general damages awards under a certain amount.

Limitation Periods

In Ontario, the limitation period for commencing a tort claim for a car accident is generally two years from the date you knew or ought to have known that you suffered an injury. Do not delay in getting legal advice.

Why You Need a Lawyer for Car Accident Claims

Car accident claims involve navigating two different systems simultaneously. A personal injury lawyer can protect your rights and often operates on a contingency fee basis — no fee unless you recover.