Jan 30, 2026 in News Legal News

Legal News: What to Do After a Car Accident in Ontario: A Step-by-Step Checklist

Understanding Your Legal Rights and Insurer Unfairness Post a Car Accident in Ontario

In Ontario, you don’t have to wait for a courtroom battle to get help. The system is set up in two distinct layers so that your recovery begins immediately while your long-term rights remain protected.

Ontario’s No-Fault Accident Benefits (SABS) Explained

Regardless of who caused the crash, every driver is entitled to Ontario Statutory Accident Benefits through their own insurance. This covers immediate needs like medical rehab, attendant care, and income replacement. You do not need to sue anyone to get these.

However, the no-fault system often feels unfair because insurance companies repeatedly deny claims, leaving you uncompensated.

One such case is when your insurance company classifies your injury as “minor.”

If your injury is more than "minor," here is how to protect your rights:

• Collect specialist reports or MRIs that show your pain is chronic or complex.
• Ask your insurer to move you from the $3,500 (MIG Cap) limit to the $65,000 category.
• If they say no, take your case to the Licence Appeal Tribunal (LAT) for a fair review. If the case is further denied, take legal assistance.

How does a lawyer manage your car accident claim?

• A car accident lawyer handles the legal paperwork to prove your injury is serious and permanent.
• An accident benefit dispute lawyer gathers expert testimony and medical evidence to challenge the insurer's report and restore your access to accident benefits.
• The LAT process is famously complex. An expert lawyer handles the entire burden for you.

Holding the Other Driver Accountable (Tort Claim)

If the other driver made a mistake that caused you serious, life-altering injuries, you can sue them. This is how you recover money for the things your own insurance doesn't cover.

Steps to Take After a Car Accident in Ontario

Ensure Safety: Check for Injuries (Yours and Passengers').

A car accident can be catastrophic, even in a low-impact collision. Prioritize everyone's physical safety first.

Immediate actions to take:

• Check everyone for injuries and call 911 if needed.
• Never leave the scene under the Ontario Highway Traffic Act.
• Move vehicles out of traffic if safe and use hazard lights.

Formally Report the Accident and Avoid Private Settlement

Document the accident officially. Avoid private settlements to prevent legal and insurance issues.

When to Call Police:

• Damage exceeds $5,000
• Serious injury or fatality
• Suspected impaired driving

Note: Minor accidents must be reported at CRC within 24 hours.

Document Everything at the Scene and Exchange Information

Capture a digital snapshot of the scene for evidence.

Do not admit fault or apologize.

What to document:

• Wide road shots
• Vehicle damage
• Police details
• Road conditions
• Injury photos

Additional tip: Save dashcam footage.

What information is exchanged in a car accident?

Category	Details
Driver Details	Full name, address, phone number, and driver’s license number.
Registered Owner of the Vehicle	The vehicle owner can be different than the driver involved.
Vehicle Info	Make, model, year, Vehicle identification number (VIN), and license plate number.
Insurance Info	Company name and policy number.
Witness Info	Names and contact details of any bystanders who saw the accident.

Notify Your Car Insurance Company Immediately

In Ontario, you have 7 days to report the accident or benefits may be delayed or denied.

Things to keep in mind when talking to your insurance adjuster:

• Never give a recorded statement or sign any final settlement papers until you have spoken with a personal injury lawyer in Ontario.
• Stick to the facts of what happened. Do not guess, speculate, or blame anyone during this first call.

Claimable "No-Fault" Benefits You Should Discuss with Your Car Insurance Company

Medical & Rehab - Pays for treatments OHIP doesn't cover, like physio, massage, and counseling.

Income Replacement - Gives you 70% of your gross income up to $400 a week to help replace lost income. Optional coverage can increase it.

Attendant Care - Pays for someone to help you with personal tasks that you can’t perform because of the accident.

Ontario Auto Insurance Regulations Update, Effective July 1, 2026.

Starting July 1, 2026, Ontario’s auto insurance rules are changing:

• Automatic coverages may now require an optional purchase.
• Policies might make many benefits optional, while medical care, attendant care, and rehabilitation remain mandatory.
• Optional benefits typically cover only the named insured, spouse, and dependents.

Don’t Delay Treatment - Consult Your Doctor

Neglecting your health is not an option, even if you feel fine or if it was a minor car accident. Symptoms of concussions, internal trauma, or whiplash may appear after 24 to 48 hours. Seek medical assistance immediately.

What you should focus on while seeking medical help:

• Get a medical report linking your injuries to the accident.
• Explain the accident in detail to your doctor.
• Your insurance will pay for initial treatments regardless of fault.

What If Your Medical Claim Is Denied after an Ontario Car Accident?

Gather more evidence and escalate it to LAT. But does that suffice?

In Ontario, car accident claims involve:

• The Insurance Act
• Statutory Accident Benefits Schedule (SABS)
• Fault Determination Rules
• The Minor Injury Guideline (MIG)
• Licence Appeal Tribunal (LAT) procedures

Because the rules are stringent, each claim requires lengthy procedures.

Here’s how an experienced personal injury lawyer in Toronto intervenes:

• Challenge biased medical exams
• Move claims beyond the $3,500 Minor Injury cap
• Handle insurer communication
• Manage LAT appeals
• An at-fault accident lawyer pursues tort claims
• Protect income replacement benefits

Speak With a Car Accident Injury Lawyer in Toronto

From complex liability in high-speed accidents to the impact of concussion injury, navigating claims is not linear.

A dedicated personal injury team will:

• Maximize compensation
• Reverse benefit denials
• Secure fair settlements

Understanding the Verbal Threshold in Ontario Car Accident Claims

To recover damages for pain and suffering in Ontario, your injury must meet the "Verbal Threshold" under the Insurance Act.

A lawyer’s role includes:

• Securing specialists
• Documenting functional loss
• Gathering witnesses
• Defending insurer motions

Final Thoughts: Denied Claims Don't End Your Car Accident Case

Ontario deadlines are strict, but missing one doesn’t automatically end your case.

Speaking with a Toronto car accident lawyer ensures your rights are protected.

FAQs

How long does it take to settle a car accident claim in Ontario?

Several factors can decide the timeline. These include the time needed for your medical recovery, disagreements over who was at fault, and whether your case needs to go to trial, as court dates are often booked years in advance. A simple Accident Benefits Claim for medical bills can start within weeks. However, a "Tort" lawsuit against an at-fault driver typically takes 2 to 4 years on average to settle.

What if the other driver has no insurance?

If you are in a hit-and-run or the at-fault driver has no insurance, your own insurer steps in to cover your damages. This coverage prevents you from facing significant out-of-pocket expenses, such as vehicle repairs, medical bills, and lost wages through your standard accident benefits.

Should I apologize at the scene of the car accident?

No. While it is natural to be polite, saying "I’m sorry" can be misinterpreted as an admission of fault. Stick to the facts and provide your name, address, phone number, license, and insurance details when asked. Remember, you are not obligated to sign any agreement or statement at the scene, except for a police report, without legal advice.