Have you been injured in a car accident in Ontario? You may be entitled to claim compensation from your own insurance company, regardless of who caused the accident.  If another driver was at fault, you may also be able to bring a lawsuit against the at-fault driver.

This page explains what to do after a car accident in Ontario, the types of compensation you can receive from your own insurer, and the types of compensation you can receive from a lawsuit against the at-fault driver. It also answers some questions frequently asked by our clients.

What Should I Do After a Car Accident in Ontario?

Immediately after a car accident, you should do the following:

• Get the other driver’s insurance information, license plates, and driver’s license if possible;

• Take photographs of the vehicles;

• Obtain contact information for witnesses;

• Get medical attention;

• Notify your insurance company of the accident within seven days;

• Accurately report the details of the accident to police and medical treaters; and

• Promptly speak with a personal injury lawyer

To read more about what you should do immediately after a car accident, click here.

What Types of Compensation Can I Receive from My Insurer?

If you were involved in a car accident, you can pursue compensation from your own insurance company by commencing a claim for accident benefits within 30 days of the accident. Additionally, you may commence a lawsuit against the at-fault driver.

The types of available accident benefits include:

• Medical and rehabilitation benefits

• Income Replacement Benefit (up to $400 per week) or non-earner benefit (up to $185 per week)

• Lost educational expenses

• Housekeeping benefit

• Caregiver benefit

• Death benefits

The type and amount of each benefit to which you may be entitled depends on the severity of your injuries and whether you purchased optional benefits. As well, when renewing your auto policy after July 1, 2026, your accident benefits coverage and entitlement to the above benefits may change depending on whether you purchased optional benefits. For more information on the types of accident benefits you may receive after an accident, click here. As well, to learn about the changes to your accident benefits coverage for policies renewing after July 1, 2026, click here.

It is important to note that your car insurer will receive credit for any income benefits that you receive from other sources such as long-term disability. This may reduce the income replacement benefit payable to you.

What Types of Compensation Can I Receive from a Lawsuit?

The types of compensation available through a lawsuit against the at-fault driver include:

• General damages for pain and suffering;

• Loss of past and future income;

• Cost of medical care and rehabilitation treatment;

• Cost of housekeeping and home maintenance assistance.

The above are typically referred to as the heads of damages. You may also claim out-of-pocket expenses incurred because of the accident.

General Damages

In Ontario, you can claim general damages for pain and suffering following a car accident only if you sustained a serious and permanent injury or impairment (“a threshold injury”). A serious and permanent injury or impairment is one that interferes with your ability to perform a substantial amount of your daily activities and is not expected to improve despite receiving appropriate treatment.

Furthermore, in 1978 the Supreme Court of Canada imposed an upper limit of $100,000 which can be awarded for general damages. As of 2026, this upper limit is approximately $461,748.63 when adjusted for inflation. An amount nearing this upper limit is reserved for the most severe and debilitating injuries. As such, multi-million-dollar awards for pain and suffering, which may emerge in the United States, are simply not a possibility in Canada.

Finally, there is a “statutory deductible” of $47,913.01 that applies to reduce general damage awards of $159,708.71 or less. Both amounts increase each year to account for inflation.

Loss of Income

You may claim up to 70% of your loss of income incurred up to the date of trial. You cannot claim a loss of income for the first seven days following an accident.

You may claim the full 100% of your expected loss of future income post-dating the trial.

Cost of Care

You may also claim for medical care and rehabilitation expenses occasioned by the injuries caused by the at-fault driver.

Cost of Housekeeping and Home Maintenance Assistance

If the injuries caused by the at-fault driver prevent you from completing your housekeeping and home maintenance chores, then you may claim the cost of having to hire individuals to complete these tasks for you.

To successfully claim each of the above heads of damages, you must hire a personal injury lawyer who will gather all relevant evidence, including opinions from medical and accounting experts to support your claim.

What If I Have Access to Long-Term Disability?

If your injury prevents you from working, then you will also be entitled to claim long-term disability benefits from the applicable insurance company. You will need to meet the different disability tests set out in your long-term disability policy to claim such benefits. You may claim long term disability regardless of whether your injury was caused by a car accident or something else. You may claim long term disability regardless of whether you are at-fault for a car accident or not.

Your long-term disability provider will also require you to apply for CPP disability benefits if your injury causes you to be absent from work for a lengthy period of time.

Do I Have to Pursue All Benefits Available to Me?

Yes, absolutely. The failure to pursue all benefits available to you can have a significant impact on the value of your lawsuit and your overall recovery of compensation.

It is important to note that the at-fault driver will receive a credit for amounts you receive from accident benefits that correspond to the above heads of damages. For example, your income loss claim in a lawsuit will be reduced by the amount of income replacement benefits you received from your own insurer. 

Likewise, your claim for medical care and rehabilitation costs will be reduced by the amount of medical and rehabilitation benefits you received from your accident benefits insurer.

As well, the at-fault driver will also receive a credit for benefits received from other sources such as long-term disability benefits or CPP disability. This will further reduce the income loss award. Your car accident insurer will also receive a credit for long-term disability benefits or other income replacement assistance which may reduce the income replacement benefit available to you.

If you fail to apply for accident benefits, long-term disability, CPP disability, or any other type of available benefit, the at-fault driver may still receive credit for these benefits that would have been available to you had you applied. In other words, your claim against the at-fault driver will be reduced by benefits that you never received, which will result in you being undercompensated.

For more information on the deductibility of benefits, click here.

How Much is My Car Accident Case Worth?

This depends on the individual facts of each case such as:

• The severity of the injury

• Age

• Pre-accident health

• Pre-accident participation in hobbies, employment, and sports

• Credibility

• Strength of expert evidence

A personal injury lawyer will gather records relating to your health, the severity of your injury, employment, income, and engagement in daily activities to determine the impact of an accident on your life. A lawyer will also retain medical experts to comment on the severity of your injury, impact of your injury on your daily activities, and the expected prognosis. 

Generally, the greater the impact of the injury on your life, the more significant is the value of the claim.

For an in-depth discussion on how the value of personal injury claims is assessed, click here.

Can My Family Members Commence a Claim for My Injuries?

Yes, section 61 of the Family Law Act enables your spouse (includes common law), children, grandchildren, parents, grandparents, and siblings to advance a claim for a loss of care, companionship, and guidance that they could have expected to receive had you not been injured. They can also claim for a loss of financial support that they might have expected to receive from you had you not been injured.

There is a deductible of $23,956.52 that applies to awards for a loss of care, companionship, and guidance of $79,853.70 or less.

What If I Am Involved in a Hit and Run or the Other Driver Does Not Have Insurance?

If the other driver flees the scene of the accident, then you may still bring a lawsuit against your own insurance company. Your own insurance company will compensate you for up to $200,000 for claims involving unidentified or uninsured drivers. If you have an OPCF44R Family Protection Endorsement, then your insurance company will compensate you up to an additional $800,000 if your limits are $1,000,000, and $1,800,000 if your limits are $2,000,000.

In accidents involving unidentified drivers, you must notify the police within 24 hours of the collision as well as provide a statement to your insurance company within thirty days. Otherwise, your claim might be prohibited.

For more information on accidents involving an unidentified or uninsured driver, click here.

For more information on accidents involving drivers with inadequate insurance limits, click here.

For What Types of Injury Can I Sue?

There is no specific type of injury that you must sustain to commence a lawsuit. The key consideration is whether you sustained a serious injury that has impacted your pre-accident life.

Such injuries can include but are not limited to:

• Traumatic brain injuries

• Spinal cord injuries

• Fractures

• Amputations

• Chronic pain

• Psychological injuries

• Herniated discs and whiplash

• Catastrophic injury

• Concussion

A catastrophic injury is any type of injury that meets the definition of “catastrophic impairment” set out in the Statutory Accident Benefits Schedule. If you have sustained a catastrophic injury, then you will be entitled to a significant amount of coverage for medical care and rehabilitation benefits of at least $1,000,000. As well, your claim against the at-fault driver will likely be significant but again depends on the individual facts of your case. Hillier & Hillier has extensive experience representing individuals with all of the above listed injuries and more.

What is the Process for a Car Accident Lawsuit?

The process is often lengthy and involves the following steps, generally in the following order:

Accident

⬇

Retain Lawyer

⬇

Investigation

⬇

File Pleadings

⬇

Documentary Disclosure

⬇

Discovery Examination

⬇

Medical Assessments

⬇

Exchange of Expert Reports

⬇

Mediation

⬇

Pre-Trial

⬇

Trial

Not all cases proceed in the manner set out above.

Further, settlement can occur at any stage of the proceeding as informal settlement discussions with the other side may occur at any time. The insurance company can make a settlement offer at any time. Again, the individual facts of your case will determine if and when your case settles.

Frequently Asked Questions:

Q. How long do I have to sue?

A. You have two years from the date of the accident to sue. You have 30 days from the date of the accident to commence an application for accident benefits.

Q. Do I Need a Lawyer?

A. Yes. Successfully pursuing a personal injury claim requires a thorough understanding of the rules of evidence particularly expert evidence. This is one of the most difficult areas of the rules of evidence to master. As well, one requires a complete understanding of insurance law to ensure that you are pursuing all available benefits. The failure to do so may have significant negative ramifications to your claim. You will also need a personal injury lawyer to gather all relevant medical records and retain all appropriate medical specialists, the cost of which can easily reach $100,000 on a significant case. A personal injury lawyer will be able to cover the up-front cost of these expenses and defer their fee until the end of the proceedings, enabling you to commence a claim without worrying about legal fees.

Q. What If I Was Partly at Fault?

A. If you were partly at fault then you can still commence a claim for accident benefits and a lawsuit against the other driver. In the lawsuit, a judge or jury will assess your proportion of fault and reduce your award for damages accordingly. This is known as the defence of contributory negligence. The defendant driver will need to prove that you did something unreasonable that contributed to the accident. For example, if you were speeding at the time of the accident, you may be held 25% responsible for the accident, and your overall award for damages will be reduced by 25%. For more information on the defence of contributory negligence, click here.

Q. What If the Other Driver Was Uninsured?

A. If the other driver was uninsured, you may bring the lawsuit against your own insurance company for compensation. Your own insurer will be liable for up to $200,000 of your damage award. If you have an OPCF44R Family Protection Endorsement, your own insurer may be liable for up to $800,000 if your limits are $1,000,000, or $1,800,000, if your limits are $2,000,000.

Q. What If the Other Driver Only Has $200,000 in Insurance?

A. If the other driver only has $200,000 in insurance, and the value of your claim exceeds this amount, you may claim the excess amount against your own insurance company if you have an OPCF44R Family Protection Endorsement. You may claim up to an additional $800,000 if your limits are $1,000,000, or $1,800,000, if your limits are $2,000,000.

Q. Can I Receive Accident Benefits If I Caused the Accident?

A. Yes. Entitlement to accident benefits is not dependent upon fault, but only on whether you were involved in an accident. If you are injured in an accident for which you are also at fault, call Hillier & Hillier for a free consultation.

Q. How Long Does a Car Accident Lawsuit Take?

A. Many courthouses have limited availability to hear civil lawsuits which has prolonged car accident lawsuits. On average, these cases take 3-5 years to be brought to trial. However, some cases may take longer to reach trial. Other cases may settle well before the 3-year mark. The length of each case depends entirely on the individual facts of each case.

Q. Will My Case Go To Trial?

A. Whether your case proceeds to trial depends on the facts of your case. More than 90% of personal injury cases settle. If the insurance company fails to advance a reasonable offer that adequately considers the risks to both sides, then your case will proceed to trial. Our philosophy is to prepare every case as if it is going to trial as thorough preparation often results in good settlements. If a case does not settle, then we will be prepared for trial.

Q. How Much Does a Car Accident Lawyer Cost?

A. There is no up-front cost in retaining our firm for a car accident case. We provide a contingency fee such that we only charge legal fees if you receive compensation by settling your case or after an award for damages is provided at trial. We charge a maximum of 30% of damages recovered in a car accident case for legal fees. We charge a maximum of 20% of the amount recovered in accident benefits settlements. Please note that we are required to charge HST on our fee.

Why Hillier & Hillier?

The lawyers at Hillier & Hillier have extensive experience representing individuals injured in car accidents from the initial consultation through trial. We vigorously pursue every case with the goal of achieving a meaningful result for our clients. By treating every case as if it will proceed to trial, we build our clients’ cases with strong expert evidence and strategic legal thinking to maximize our clients’ recovery.

If you have been involved in a car accident, call Hillier & Hillier at 905-453-8636 to schedule a free consultation. We will work on your behalf to recover compensation from all available sources. Alternatively, you may submit an online request for a free consultation by clicking here.