Accident benefits · Injury claims · Insurance disputes

Car Accident Lawyer in Toronto

After a crash in Ontario there are two separate claims: accident benefits from your own insurer and, in some cases, a lawsuit against the at-fault driver. Our team helps Toronto drivers, passengers, cyclists and pedestrians meet the deadlines and deal with the insurers.

Speak with a lawyer for 10 minutes, free.

Personal injury lawyer in Toronto reviewing an accident claim
Overview

Car accident claims in Ontario

Short answer: Ontario has a no-fault benefits system, so you apply to your own auto insurer for accident benefits whoever caused the crash. If you were seriously injured and someone else was at fault, you may also have a separate lawsuit for pain and suffering and other losses. Report the accident to your insurer within 7 days and get advice early, because several deadlines are short.

Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan. We act for drivers, passengers, cyclists and pedestrians injured in collisions across Toronto and the GTA, in English, French, Farsi, Russian and Serbian.

Your first step is a free 10-minute case review with the lawyer. If you retain us on a contingency basis, the fee is a percentage of what is recovered and is set out in a written contingency fee agreement in the standard form Ontario law requires, including how costs, disbursements and HST are handled.

Two claims

Accident benefits and the injury lawsuit

  • Accident benefits (no-fault). Paid by your own insurer, or another insurer if you have no auto policy, under the Statutory Accident Benefits Schedule. Medical, rehabilitation and attendant care benefits are the core coverage. Since July 1, 2026 several other benefits that used to be included automatically are optional coverage, so what you can claim depends on the policy in place on the date of the accident.
  • Tort claim against the at-fault driver. A lawsuit for pain and suffering, past and future income loss and care costs. For pain and suffering, Ontario law sets a threshold (a permanent and serious impairment) and a statutory deductible that reduces most awards, so the strength of the medical evidence matters.

The two claims run in parallel and affect each other, so they should be planned together.

Deadlines

Deadlines after a car accident

  • 7 days: notify your insurer that you intend to apply for accident benefits, or as soon as practicable.
  • 30 days: return the completed application for accident benefits after you receive the forms.
  • 120 days: give written notice of your claim to the at-fault driver, generally within 120 days of the accident.
  • 2 years: the general limitation period to start a lawsuit, and to dispute a denial of accident benefits.

Missing a deadline does not always end a claim, but it creates problems that are easier to avoid than to fix.

First steps

What to do after a collision

  • Call 911 if anyone is hurt. Report the collision to police or a Collision Reporting Centre as required.
  • Photograph the vehicles, the scene, injuries and the other driver's licence, plate and insurance.
  • See a doctor, even for injuries that seem minor, and follow the treatment plan.
  • Keep receipts, a pain and symptom journal, and records of missed work.
  • Do not give a recorded statement to the other driver's insurer before getting advice.

Our guide what to do after a car accident in Ontario goes through these steps in more detail.

Denied benefits

When your insurer says no

Insurers often deny or cut off benefits, or put an injured person in the minor injury category, which caps treatment funding. Those decisions can be challenged at the Licence Appeal Tribunal, generally within two years of the denial. Medical evidence, clinical notes and a clear account of how the injury affects daily life usually decide these cases. See accident benefits denied in Ontario.

FAQs

Questions we hear often

General information, not legal advice. Every matter is different.

How much does a car accident lawyer cost in Toronto?
Your first step is a free 10-minute case review with the lawyer. Many injury files are handled on a contingency basis, where the fee is a percentage of what is recovered, under a written agreement in the standard form Ontario requires.
Do I have to sue to get accident benefits?
No. Accident benefits come from your own insurer whoever was at fault. A lawsuit against the at-fault driver is a separate claim for losses that benefits do not cover.
How long do I have to sue after a car accident in Ontario?
Generally two years from the accident, and the at-fault driver should get written notice within 120 days. Get advice early so evidence is preserved.
What if I was partly at fault?
You can still apply for accident benefits. In a lawsuit, damages may be reduced to reflect your share of fault.
Can I claim if I was a passenger, cyclist or pedestrian?
Yes. Passengers, cyclists and pedestrians hit by a car can usually claim accident benefits and may have a claim against the at-fault driver.
My insurer denied my benefits. What now?
A denial can be disputed at the Licence Appeal Tribunal, generally within two years. Keep the denial letter and your medical records.
Related

Personal injury

Slip and fall, long-term disability and other injury claims.

What to do after a car accident

A step by step checklist for Ontario drivers.

Accident benefits denied

How to dispute an insurer's decision.

Next step

Talk to our team

Book a free 10-minute case review or call (647) 271-1646 (the phone is answered 24/7). Speak with a lawyer for 10 minutes, free.

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Straightforward legal advice from a Toronto lawyer.

Speak with a lawyer for 10 minutes, free. Book your case review online or call (647) 271-1646. Consultations are confidential.