Ontario Car Accident Lawyers
Every year in Ontario, thousands of people are injured in motor vehicle collisions. In 2023 alone, more than 25,000 car accidents caused personal injuries across the province — an average of 68 people injured every day, with more than 600 fatalities. While many collisions appear minor at first, the long-term effects of orthopedic injuries, concussions, psychological trauma, and chronic pain often emerge in the weeks and months following the crash.
Understanding your legal options after a car accident in Ontario is essential. Injured individuals typically have two separate claims: an Accident Benefits (No-Fault) claim and a tort claim (lawsuit) against the at-fault driver. These claims operate differently, compensate different losses, and together form the foundation of Ontario’s motor-vehicle compensation system.
Accident Benefits (No-Fault Claims) in Ontario
Accident Benefits provide immediate support for medical treatment, rehabilitation, and income replacement. These benefits are available even if:
• You were at fault for the collision
• You do not own a vehicle
• You were a passenger, cyclist, or pedestrian
Accident Benefits may include:
• Medical and rehabilitation treatment (physiotherapy, chiropractic care, occupational therapy, psychological treatment)
• Assistive devices and mobility supports
• Income Replacement Benefits
• Non-earner benefits
• Attendant care benefits
• Housekeeping benefits
• Catastrophic impairment benefits in severe cases
Many people first learn about Accident Benefits when their insurer sends a package of complex forms. These forms must be completed accurately — information supplied early can impact access to benefits later in the claim. Legal guidance helps ensure the claim is opened correctly and the injured person is not improperly classified.
Treatment Categories Under the SABS
Ontario’s Statutory Accident Benefits Schedule (SABS) divides treatment funding into three main categories:
Minor Injury Guideline (MIG)
Insurance companies often classify injured claimants under the MIG, limiting treatment funding to $3,500, even when symptoms exceed minor soft-tissue injuries.
Non-Catastrophic (Regular) Category
Most injured individuals fall into this category, which generally provides up to $65,000 in treatment and rehabilitation benefits.
Catastrophic Impairment (CAT) Category
This designation applies to the most serious injuries, including:
• Traumatic brain injuries
• Spinal cord injuries
• Severe orthopedic trauma
• Significant psychological impairments
• Long-term functional limitations
CAT designation can increase available treatment and attendant care to $1,000,000. To learn more about the criteria, you can review our 2026 Catastrophic Impairment Guide.
Income Replacement Benefits
Individuals who cannot work due to their injuries may qualify for Income Replacement Benefits (IRBs).
Generally, IRBs are available to those who were:
• Employed at the time of the collision
• Self-employed
• Working at least 26 of the 52 weeks prior
IRBs typically compensate 70% of pre-accident income up to $400 per week, unless an optional benefit was purchased. Because eligibility rules are complex, early legal advice is recommended.
If you are looking to learn more about accident benefits in Ontario, check our free Accident Benefits Guide
Tort Claims (Lawsuits) After a Car Accident
A tort claim is a lawsuit against the at-fault driver, defended by their insurance company. Even if the injured person is partially at fault, they may still pursue compensation. A tort claim can provide damages for:
• Pain and suffering
• Past and future income loss
• Reduced earning capacity
• Future medical and rehabilitation expenses
• Attendant care
• Housekeeping and home maintenance losses
• Out-of-pocket expenses
• Family Law Act claims for eligible relatives
Many car-accident lawsuits in Ontario take two to three years to resolve, though timelines vary depending on medical recovery, insurance assessments, and the complexity of the case.
Free Consultation for Ontario Car Accident Victims
If you’ve been injured in a motor vehicle collision anywhere in Ontario, early guidance can protect your rights, strengthen your Accident Benefits claim, and help ensure proper medical documentation. You can request a free, no-obligation consultation using the form below. For more information, continue reading below the form.
Complete this form and someone from our office will contact you to arrange a free consultation. We work on a contingency basis, meaning you do not have to pay unless we resolve your claim successfully.
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What to Know After a Car Accident in Ontario
Car accidents often cause injuries that do not fully appear until days or weeks later. Many individuals initially assume their symptoms will improve, only to discover lingering or worsening pain, cognitive issues, or psychological effects. Early medical assessment and consistent documentation significantly improve both recovery and compensation.
Understanding Common Injuries After a Car Accident
Car accident injuries may include:
• soft-tissue injuries
• Concussions and traumatic brain injuries
• Spinal injuries, disc herniations, nerve compression
• Fractures and orthopedic injuries
• Shoulder, knee, and joint trauma
• Psychological injuries such as anxiety, depression, and PTSD
• Chronic pain and long-term functional limitations
Even injuries that appear minor can sometimes develop into chronic conditions .
How Fault Is Determined in Ontario
Fault determination requires examining:
• Vehicle positioning and speed
• Intersection dynamics
• Right-of-way rules
• Driver attentiveness
• Weather and visibility
• Police reports
• Witness statements
• Dashcam or surveillance video
In complex cases, accident reconstruction engineers, human-factors specialists, or biomechanical experts may be needed to analyze the collision. Fault is not always straightforward, and early investigation is critical.
Why Early Legal Advice Matters
Seeking legal advice early ensures:
• Accident Benefits forms are completed correctly
• The claim is categorized properly (MIG, non-CAT, CAT)
• Critical evidence is preserved
• Medical and vocational documentation is organized
• Insurers do not underfund or deny necessary treatment
• Long-term consequences are identified before the file is closed
Family Law Act Claims
Family members may be eligible for compensation when a loved one is injured or killed in a collision. Claims may include:
• Loss of care, guidance, and companionship
• Out-of-pocket expenses
• Loss of financial dependency in fatal cases
Understanding these rights early helps families navigate both the legal and practical challenges following a serious collision.
What to Do After a Car Accident
Steps to protect your health and legal rights include:
• Seek medical attention
• Report the accident to police (if required)
• Notify your insurer
• Photograph the scene and vehicle damage (if safe to do so)
• Track symptoms and appointments
• Preserve dashcam footage
• Obtain witness contact information
When to Contact a Lawyer
Speaking with a lawyer early does not obligate you to start a lawsuit. It ensures that:
• Your rights are clearly explained
• Your claim is set up properly from the beginning
• Evidence is collected in time
• Medical issues are documented correctly
• You receive accurate guidance on treatment and benefits
Car accident injuries can significantly impact daily life, employment, mobility, and long-term wellbeing. Early advice helps protect both recovery and compensation. Call us today.