Pedestrian Hit by a Car in Ontario: What Compensation Can You Claim?

You don’t need to own a car to access Ontario’s accident benefits system after being hit by one. Many pedestrians struck by vehicles assume that because they have no auto insurance of their own, they have no access to the no-fault benefits designed to support injured Ontarians. That assumption is wrong — and it costs some victims thousands of dollars in compensation they never claimed.

Ontario law is clear: if a motor vehicle is involved in the accident that caused your injuries, you are entitled to Statutory Accident Benefits regardless of whether you own a vehicle or carry auto insurance. The system was designed specifically to protect people in exactly this situation.

Here is what you can claim, how the process works, and why pedestrian accident cases require careful legal strategy from day one.

How Accident Benefits Work for Pedestrians

Under Ontario’s no-fault insurance system, Statutory Accident Benefits (SABS) are available to everyone involved in a motor vehicle accident — including pedestrians, cyclists, and even passengers who do not own a car.

As a pedestrian struck by a vehicle, you access SABS through the insurer of the vehicle that hit you. If the driver had insurance — which they are legally required to — you file your accident benefits claim directly with their insurer. You do not need your own auto insurance policy to do this.

If the driver was uninsured or fled the scene, you can access benefits through the Motor Vehicle Accident Claims Fund, a provincial safety net specifically designed to protect victims of uninsured and unidentified drivers.

SABS benefits available to an injured pedestrian include:

• Medical and rehabilitation benefits covering treatment not paid by OHIP, including physiotherapy, chiropractic care, psychological counselling, and assistive devices
• Attendant care benefits if your injuries require personal care assistance
• Income replacement benefits if your injuries prevent you from working, up to 70% of your gross weekly income (subject to policy limits and the 2026 SABS reforms)
• Non-earner benefits if you are not employed but suffer a complete inability to carry on a normal life
• Housekeeping and home maintenance if you can no longer perform these tasks due to injury

Important 2026 note: Several of these benefits are becoming optional under Ontario’s July 1, 2026 SABS overhaul. The income replacement benefit, caregiver benefit, and housekeeping benefit will no longer be mandatory. If the driver’s policy was renewed after July 1 without opting into these benefits, your access may be limited. Read our post on the 2026 SABS changes for a full breakdown.

The Reverse Onus: How the Law Protects Pedestrians

One of the most powerful legal protections for pedestrians in Ontario is found in section 193 of the Highway Traffic Act.

In a standard personal injury case, the injured person bears the burden of proof. You must demonstrate that the other party was negligent and that their negligence caused your injuries.

Section 193 reverses that burden when a motor vehicle strikes a pedestrian on a public road. Instead of you having to prove the driver was at fault, the driver must prove they were not negligent. The law presumes the vehicle operator bears responsibility for the collision.

This reverse onus is a significant legal advantage. In the most common and deadly pedestrian scenarios — a vehicle turning left through a crosswalk, a driver failing to stop at a crossing, a car reversing into a pedestrian in a parking area — the driver must affirmatively demonstrate they exercised reasonable care. If they cannot, they are liable.

Note that the reverse onus does not eliminate contributory negligence. If evidence shows the pedestrian crossed against a light, stepped out from between parked cars without looking, or otherwise contributed to the accident, damages may be reduced proportionally. But the starting position in Ontario law clearly favours the pedestrian.

The Tort Claim: Suing the At-Fault Driver

In addition to SABS, you have the right to sue the at-fault driver through the tort system for damages that go beyond what benefits cover.

A tort claim allows you to seek compensation for:

• Pain and suffering (non-pecuniary general damages)
• Income loss beyond SABS limits if your wages exceeded what benefits replaced
• Future loss of income if your injuries permanently affect your ability to work
• Future care costs medical treatment, therapies, and accommodations you will need going forward
• Loss of housekeeping capacity beyond what benefits provided
• Family Law Act claims for close family members who suffered loss of care, guidance, and companionship

Be aware that Ontario’s tort deductible of $47,913.01 (2026 figure) applies to pain and suffering awards below $156,715.16. This means smaller pain and suffering awards are significantly reduced before payment. For serious pedestrian injuries — which frequently result in fractures, head trauma, and long-term mobility impairment — this deductible is often not a barrier, as awards regularly exceed the threshold.

What Serious Pedestrian Accident Cases Look Like

Pedestrian accidents are among the most severe personal injury cases in Ontario. When a vehicle travelling at 40 to 60 km/h strikes an unprotected person, the resulting injuries are often catastrophic — traumatic brain injuries, spinal cord damage, multiple fractures, internal organ injuries, and permanent disability.

At Cambria Law Firm, we have recovered over one million dollars in pedestrian accident settlements for our clients. These results reflect cases where serious, permanent injuries were carefully documented, the full extent of future losses was properly quantified, and the claim was structured to achieve maximum recovery across both the SABS and tort streams.

What to Do After a Pedestrian Accident

At the scene:

• Call 911 immediately — a police report creates the official record of the collision
• Do not move if seriously injured — wait for emergency services
• If able, photograph the scene: vehicle position, road conditions, crosswalk markings, traffic signals, your injuries
• Get the driver’s name, plate number, and insurance information
• Collect witness names and phone numbers

In the hours and days after:

• Go to the emergency room, even if you feel relatively well — adrenaline masks serious injuries
• Notify the driver’s insurer to initiate your accident benefits claim — you have 30 days to submit the formal application
• Contact a personal injury lawyer before giving any recorded statements to any insurer

How Cambria Law Can Help

Pedestrian accident claims in Ontario require a precise understanding of both the no-fault benefits system and the tort process. The reverse onus provisions, the SABS application deadlines, and the strategic decisions around how to document and present serious injuries all require experienced legal guidance.

Cambria Law has recovered over one million dollars for pedestrian accident victims in Ontario. Nav and the team are ready to fight for everything you are entitled to.

Call 416-840-7545 or contact us online for a free consultation. No fees unless we win.