A car accident can create medical, financial and legal problems at the same time. In Ontario, an injured person may have access to accident benefits through automobile insurance and, depending on fault and the circumstances, may also have a tort claim against an at-fault driver or another responsible party.
Cambria Law Firm represents people injured in motor vehicle accidents in Mississauga and across Ontario. Nav Aujla and the team assess accident-benefit coverage, liability, income loss, serious impairment, future-care needs and the legal deadlines that may affect a claim.
Ontario Car Accident Claims Can Involve Two Different Systems
Many Ontario car accident claims involve two separate legal processes. They serve different purposes and have different eligibility rules, evidence requirements and deadlines.
1. Statutory Accident Benefits
Accident benefits may be available regardless of who caused the collision. They can include medical, rehabilitation and attendant-care benefits and, depending on the automobile policy in force, other optional accident benefits.
- Minor Injury Guideline (MIG): Certain minor injuries may be subject to a $3,500 treatment limit under the applicable Minor Injury Guideline.
- Non-catastrophic impairment: Standard combined medical, rehabilitation and attendant-care coverage is generally up to $65,000, subject to the SABS and any optional coverage purchased.
- Catastrophic impairment: Standard combined medical, rehabilitation and attendant-care coverage is generally up to $1,000,000, with optional increased limits potentially available.
Important — July 1, 2026 SABS changes: For automobile insurance policies entered into on or after July 1, 2026, medical, rehabilitation and attendant-care benefits remain mandatory. Other accident benefits, including income replacement, non-earner, caregiver, housekeeping and home-maintenance benefits, are generally optional and depend on the coverage purchased. The actual policy should be reviewed before assuming which benefits are available.
If the injuries are life-altering, read our catastrophic injury lawyer in Mississauga page and our Ontario catastrophic impairment guide.
2. Tort Claim Against an At-Fault Party
A separate tort claim may allow an injured person to pursue damages against an at-fault driver or another legally responsible party.
Depending on the case, damages may include pain and suffering, past and future income loss, loss of earning capacity, future-care costs and other legally recoverable losses.
Ontario automobile tort claims also contain special rules for non-pecuniary damages such as pain and suffering. In 2026:
- 2026 statutory deductible: $47,913.01 for applicable non-pecuniary damages, subject to Ontario’s statutory rules.
- 2026 monetary threshold: $159,708.71. Where the applicable non-pecuniary award exceeds this threshold, the statutory deductible does not apply.
Important: The statutory deductible is only one part of Ontario’s automobile tort system. In appropriate cases, a claimant may also need to satisfy the statutory threshold relating to permanent serious impairment or other qualifying injury criteria.
How Insurers May Dispute a Car Accident Claim
1. Minor Injury Guideline Classification
An insurer may determine that an injury falls within the Minor Injury Guideline. Where the medical evidence supports injuries or circumstances outside the MIG, that classification may be disputed through the applicable accident-benefits process.
Relevant evidence can include medical records, diagnostic findings, treatment history, functional limitations, psychological symptoms and evidence concerning pre-existing conditions.
2. Liability and Collision Evidence
Where fault is disputed, useful evidence may include police records, witness statements, photographs, surveillance or dash-camera video, vehicle damage, scene evidence and electronic vehicle data where available.
Electronic data should be assessed on a vehicle-specific basis. Not every vehicle contains the same event-data technology or records the same information, so a claim should not rely on a blanket assumption that every vehicle has recoverable “black box” data.
3. Income Loss and Earning Capacity
An income-loss claim should reflect the person’s actual employment and financial circumstances rather than relying on a single tax document.
Depending on the case, relevant evidence may include:
- employment records and pay statements;
- T4 slips, tax returns and Notices of Assessment;
- self-employment and business records;
- contracts and invoices;
- medical evidence concerning work restrictions;
- vocational evidence; and
- evidence concerning future earning capacity.
What Determines the Value of an Ontario Car Accident Claim?
There is no reliable settlement table based only on an injury diagnosis. Two people with similar diagnoses can have very different claims because the effect of the injuries, evidence, income loss, future needs and liability can differ substantially.
Factors that may affect the value of a claim include:
- the nature and permanence of the injuries;
- the effect on employment and earning capacity;
- future treatment, rehabilitation and care needs;
- the claimant’s age and pre-accident activities;
- liability and contributory negligence;
- the quality of the medical and functional evidence;
- available insurance coverage;
- the statutory tort threshold and deductible where applicable; and
- other financial losses caused by the collision.
Settlement amounts cannot be predicted from an injury category alone. Past settlements and court decisions may provide context, but they do not guarantee the outcome of another person’s case.
Important Deadlines After an Ontario Car Accident
| Timing | What It May Affect |
|---|---|
| 7 Days | A person intending to apply for SABS benefits should generally notify the insurer no later than seven days after the circumstances giving rise to entitlement, or as soon as practicable after that. |
| 30 Days After Receiving Forms | The completed and signed accident-benefits application generally must be submitted within 30 days after receiving the application forms from the insurer. |
| Potentially 10 Days | Where a claim concerns a municipality’s failure to maintain a highway or bridge, Ontario’s Municipal Act generally requires written notice within 10 days after the injury, subject to statutory exceptions. |
| Generally 2 Years From Discovery | Ontario’s basic limitation period generally requires a proceeding to be started within two years after the claim is discovered, but the calculation can depend on the type of claim and applicable exceptions. |
Do not rely on a general deadline chart for an individual case. Claims involving municipalities, accident-benefit denials, minors, unidentified drivers and other circumstances can involve different notice or limitation rules.
What If You Were Partly at Fault?
Ontario applies contributory-negligence principles. Being partly responsible for a collision does not necessarily eliminate a tort claim, but it may reduce the amount recoverable.
For example, if recoverable damages were assessed at $100,000 and the claimant were found 25% responsible, the damages may generally be reduced to reflect that percentage of responsibility, subject to the other legal rules applying to the claim.
Read our Ontario contributory negligence guide.
Frequently Asked Questions
How long does a car accident claim take in Ontario?
There is no standard settlement timeline. The duration depends on the person’s recovery, medical evidence, liability, accident-benefit disputes, future-care needs, income loss and whether litigation is required.
A claim should not necessarily be settled before the long-term medical and financial consequences of the injuries can be reasonably assessed.
What if the accident was partly my fault?
Partial fault does not necessarily eliminate a claim. Ontario’s contributory-negligence rules can reduce the recoverable damages according to the claimant’s share of responsibility.
What if the other driver has no insurance?
There may still be potential sources of recovery. Depending on the circumstances and policy, uninsured or underinsured automobile coverage may apply. Ontario’s Motor Vehicle Accident Claims Fund can also apply in certain situations as a payer of last resort.
The correct source of recovery depends on the vehicles, insurance policies and parties involved.
Do I have to go to court?
Many motor vehicle claims resolve without trial, but settlement is not guaranteed. Some claims require litigation because liability, injury severity, damages or insurance entitlement remains disputed.
What changed to Ontario accident benefits on July 1, 2026?
For policies entered into on or after July 1, 2026, medical, rehabilitation and attendant-care benefits remain mandatory. Other accident benefits are generally optional and depend on the coverage purchased.
Optional benefits can include income replacement, non-earner, caregiver, lost educational expenses, expenses of visitors, damage to personal items, death and funeral benefits, dependant care, housekeeping and home maintenance, and indexation.
Is income replacement automatically included in my policy?
Not necessarily. For applicable policies entered into on or after July 1, 2026, income-replacement coverage is generally optional. Where purchased, the applicable amount depends on the policy and the SABS.
What is the Minor Injury Guideline?
The Minor Injury Guideline applies to certain minor injuries and can limit available medical and rehabilitation treatment to $3,500 unless the applicable evidence and SABS rules support treatment outside the guideline.
Car Accident Lawyer in Mississauga
An Ontario motor vehicle accident can involve accident benefits, insurance coverage, liability, income loss, future-care needs and litigation against an at-fault party.
Contact Nav Aujla at Cambria Law Firm to discuss a car accident claim in Mississauga or elsewhere in Ontario.
Personal Injury Disclaimer: This page provides general legal information only and does not constitute legal advice. Insurance coverage, limitation periods, accident benefits and compensation depend on the facts of the individual case, the policy in force and applicable Ontario law.
Official Sources
- Financial Services Regulatory Authority of Ontario — Optional and Extra Coverage:
https://www.fsrao.ca/consumers/auto-insurance/purchasing-your-policy/optional-and-extra-coverage
- Financial Services Regulatory Authority of Ontario — Customize Your Liability and Accident Benefits Coverage:
https://www.fsrao.ca/consumers/auto-insurance/purchasing-your-policy/customize-your-liability-and-accident-benefits-coverage
- Financial Services Regulatory Authority of Ontario — Changes in Statutory Accident Benefits Coverage in Ontario on July 1, 2026:
https://www.fsrao.ca/industry/auto-insurance/changes-statutory-accident-benefits-coverage-ontario-july-1-2026
- Ontario Regulation 34/10 — Statutory Accident Benefits Schedule:
https://www.ontario.ca/laws/regulation/100034
- Ontario Municipal Act, 2001 — Section 44:
https://www.ontario.ca/laws/statute/01m25
- Ontario Limitations Act, 2002:
https://www.ontario.ca/laws/statute/02l24
