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Motor Vehicle Accident

Haykas Law

Your Trusted Personal Injury Lawyers

Motor Vehicle Accident Claims in Ontario

Being involved in a motor vehicle accident can change your life in an instant. Even what appears to be a minor collision can lead to lasting physical injuries, chronic pain, psychological trauma, and financial hardship. Many accident victims are unaware that Ontario law provides two separate avenues for compensation following a motor vehicle accident:

1. Accident Benefits (SABS) claims, and

2. Tort claims against the at-fault driver.

These claims operate independently of each other and each has its own requirements, deadlines, and procedures. Understanding your rights early is essential to ensuring you receive the benefits and compensation you deserve.

At Haykas Law Professional Corporation, we guide injured individuals through both processes from the very beginning, ensuring that no deadlines are missed and that your claim is properly documented and protected.

Statutory Accident Benefits (SABS)

Regardless of who caused the accident, individuals injured in a motor vehicle accident in Ontario may be entitled to Statutory Accident Benefits, commonly referred to as SABS. These benefits are available through an automobile insurance policy and are intended to provide immediate financial and medical support following an accident.

Accident Benefits may include compensation for:

Medical and Rehabilitation Benefits
These benefits cover treatment and services necessary for recovery from accident-related injuries. This may include physiotherapy, chiropractic care, psychological treatment, occupational therapy, assistive devices, and other medical services recommended by health professionals.

Income Replacement Benefits (IRB)
If you were employed before the accident and cannot work due to your injuries, you may be entitled to income replacement benefits. These benefits are intended to partially replace lost wages while you recover.

Non-Earner Benefits (NEB)
Individuals who were not working at the time of the accident—such as students, unemployed individuals, or homemakers—may qualify for non-earner benefits if the accident prevents them from carrying on their normal activities.

Attendant Care Benefits
If injuries are severe enough to require assistance with personal care such as dressing, bathing, or mobility, attendant care benefits may be available.

Caregiver Benefits
In certain circumstances, individuals responsible for caring for dependents may receive compensation if their injuries prevent them from performing caregiving responsibilities.

Other Accident-Related Expenses
Additional benefits may include transportation costs to medical appointments, housekeeping assistance (if optional benefits were purchased), and other accident-related expenses.

However, insurance companies often attempt to minimize or deny benefits by placing claims under the Minor Injury Guideline (MIG) or relying on insurer examinations. Legal guidance can be critical in challenging these decisions and ensuring that injured individuals receive appropriate treatment and financial support.

Tort Claims – Compensation When Another Driver Is At Fault

In addition to accident benefits, individuals injured in a motor vehicle accident may also pursue a tort claim against the at-fault driver. Unlike accident benefits, a tort claim is a civil lawsuit seeking compensation for the harm caused by the negligent driver.

A tort claim may provide compensation for:

Pain and Suffering
Compensation for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident.

Loss of Income and Future Income Loss
If injuries prevent you from working or limit your future earning capacity, compensation may be available for both past and future income losses.

Medical and Rehabilitation Expenses Not Covered by Insurance
Expenses that exceed or fall outside of accident benefit coverage may be claimed in a lawsuit.

Loss of Housekeeping or Caregiving Capacity
If injuries prevent you from maintaining your household or caring for family members as you did before the accident, compensation may be available.

Family Law Act Claims
Family members may also have claims for the loss of care, guidance, and companionship resulting from the injuries suffered by their loved one.

In Ontario, compensation for pain and suffering must meet what is known as the “threshold test,” meaning the injury must result in permanent and serious impairment of an important physical, mental, or psychological function. Determining whether this threshold is met often requires careful medical and legal analysis.

Important Deadlines After a Motor Vehicle Accident

Ontario law imposes strict deadlines for both accident benefits claims and tort claims. Missing these deadlines can seriously jeopardize your ability to recover compensation.

Some of the most important timelines include:

7 Days – Notify Your Insurance Company
You must notify your insurer of the accident within seven days of the collision, or as soon as reasonably possible.

30 Days – Submit the Application for Accident Benefits (OCF-1)
The accident benefits application must typically be completed and submitted within 30 days after receiving it from the insurer.

10 Days – Notice of Claim Against a Municipality
If the accident involves unsafe road conditions, snow or ice, or municipal negligence, written notice may be required within 10 days.

2 Years – Limitation Period for Lawsuits
A lawsuit against the at-fault driver must generally be started within two years of the accident date.

While there are limited exceptions in certain circumstances, it is extremely important to obtain legal advice early to ensure all limitation periods are protected.

Why Early Legal Advice Matters

Insurance claims and personal injury litigation can be complex. Insurance companies often begin investigating claims immediately and may request statements, examinations under oath, or insurer medical assessments.

Without proper legal guidance, injured individuals may unknowingly harm their own claims by providing incomplete information, missing important deadlines, or accepting settlement offers that do not reflect the full extent of their losses.

Early legal assistance can help ensure that:

Accident benefit applications are completed correctly
Medical documentation supporting the injuries is properly obtained
Insurance company requests are handled appropriately
Deadlines and limitation periods are protected
The full value of the claim is pursued

Contact Haykas Law Professional Corporation

If you or a loved one has been injured in a motor vehicle accident, it is important to seek legal advice as soon as possible. Early guidance can make a significant difference in the outcome of your claim.

At Haykas Law Professional Corporation, we represent individuals injured in motor vehicle accidents throughout Ontario. Our office works closely with medical professionals, rehabilitation specialists, and experts to ensure our clients receive the treatment and compensation they deserve.

If you have been involved in a motor vehicle accident, contact our office today to discuss your rights and the options available to you.