What to Do After a Car Accident in Ontario: A Legal Guide to Protecting Your Rights

A motor vehicle accident can turn your life upside down in seconds. Beyond the physical and emotional trauma, many Ontario accident victims unknowingly make decisions in the days and weeks after a crash that seriously damage their legal rights and their ability to recover fair compensation. This guide explains what you need to know — and what you need to do.

1. Your Immediate Priorities at the Scene

Your safety comes first. If possible, move to a safe location and call 911. Ontario law requires you to report any collision involving injury, death, or property damage exceeding $2,000. Failing to remain at the scene can result in criminal charges entirely separate from any civil matter.
Gather as much information as you safely can:

• The other driver’s full name, license number, insurance company, and policy number
• The names and contact information of all witnesses
• Photographs of the scene, vehicle damage, road conditions, and any visible injuries
• The badge number of any responding police officers and the occurrence report number

Do not admit fault — even informally or apologetically. Statements made at the scene can be used against you later.

2. Seeking Medical Attention Is Non-Negotiable

Even if you feel fine, visit a physician or emergency room as soon as possible. Many serious injuries — soft tissue damage, concussions, spinal injuries — do not produce immediate symptoms. A prompt medical record establishes a critical link between the accident and your injuries. Delaying treatment gives insurers grounds to argue your injuries were caused by something else entirely.

3. Ontario’s Accident Benefits: What You’re Entitled To

Ontario’s Statutory Accident Benefits Schedule (SABS) provides no-fault benefits to anyone injured in a motor vehicle accident, regardless of who was at fault. These include income replacement benefits, medical and rehabilitation coverage, attendant care, and more. You must apply to your own insurer within 30 days of the accident.
Important: As of July 1, 2026, Ontario is changing which benefits are mandatory. Income replacement and other key coverages will become optional add-ons at renewal — meaning many Ontarians may find themselves with significantly less protection than they expect. If you have not recently reviewed your auto insurance policy, now is the time.
Not sure what benefits you’re entitled to? A personal injury lawyer can review your policy and ensure you receive every dollar you qualify for — at no upfront cost.

4. The Tort Claim: Suing the At-Fault Driver

In addition to accident benefits, if another driver’s negligence caused your injuries, you may have the right to sue them for additional compensation — including pain and suffering, loss of income, and future care costs. Ontario imposes a deductible on awards for pain and suffering, and your injuries must meet a legal threshold (a “permanent serious impairment of an important physical, mental, or psychological function”) to recover non-economic damages. An experienced personal injury lawyer can assess whether your injuries meet this threshold.

5. Limitation Periods: Do Not Wait

Ontario’s basic limitation period is two years from the date you knew — or ought to have known — that you had a claim. There are exceptions, but relying on them is risky. The sooner you consult a lawyer, the better your position. Evidence disappears. Witnesses become harder to locate. Insurance companies are better positioned than you are to investigate quickly — so you should be too.
Speak With a Personal Injury Lawyer Today

At Cambria Law Firm, we represent Ontario accident victims on a contingency fee basis — meaning you pay nothing unless we win. We handle the insurance companies so you can focus on your recovery.