Accident Benefits Lawyer in Toronto & the GTA

After an Ontario car accident, you can claim accident benefits from your own insurer regardless of who was at fault. These are derived from the Statutory Accident Benefits Schedule (SABS). If your benefits are denied, reduced, or cut off, you can dispute that decision at the Licence Appeal Tribunal (LAT). Strict deadlines apply, starting with notifying your insurer within 7 days.

Accident benefits are the first source of support after a car accident in Ontario. They are paid by your own insurer no matter who caused the crash, which is why the system is described as no-fault. They are separate from any lawsuit you may bring against an at-fault driver, which our car accident page explains. Insurers do not always pay what they should, and a denial is not the final word.

What accident benefits can cover

In short: SABS can include medical and rehabilitation costs OHIP doesn't cover, income replacement if you can't work, attendant care, and other supports. What you can access depends on how your injuries are classified.

• Medical and rehabilitation benefits for treatment such as physiotherapy, chiropractic care, psychological support, and assistive devices.
• Income replacement benefits if your injuries keep you from working — 70% of gross income to a weekly maximum, unless you bought optional higher coverage.
• Attendant care, caregiver, housekeeping, and other benefits, depending on your situation and the severity of your injuries.

Why insurers deny or cut off benefits

Common reasons include disputes over how your injuries are classified, an insurer's medical assessment that disagrees with your own doctors, claims that treatment is not reasonable or necessary, or a position that you no longer meet the test for a benefit. A denial often reflects the insurer's position, not the strength of your claim.

Disputing a denial at the Licence Appeal Tribunal

If your insurer denies, reduces, or terminates a benefit, you can challenge that decision at the Licence Appeal Tribunal (LAT), which handles accident benefits disputes in Ontario. There are deadlines for starting a LAT dispute, and missing one can affect your right to the benefit, so it helps to get advice promptly after a denial.

An important 2026 change to know about

Ontario is moving toward an optional accident benefits model. As of July 1, 2026, some benefits that were once standard may become add-ons drivers have to choose. This makes it more important to understand what your specific policy covers, and can make a tort claim against an at-fault driver more significant. Confirm what your policy includes with a lawyer.

How AK Lawyers handles accident benefits disputes

AK Lawyers (Antonov Kaganovich LLP) is a Toronto personal injury firm that acts for injured people, never for insurers. With accident benefits work, we focus on:

• Reviewing the denial and your policy to identify what you are entitled to and why the insurer's position may be wrong.
• Building the medical evidence, including reports from treating practitioners and independent specialists where warranted.
• Bringing your dispute to the LAT and representing you through the process.
• Coordinating with any tort claim so your benefits and lawsuit work together rather than at cross purposes.
• Contingency fees — you don't pay legal fees unless your claim succeeds. The fee is a percentage set out in a written contingency-fee agreement at the start, which also covers how disbursements are handled.

What to do after a denial or cut-off

If your insurer denies, reduces, or stops a benefit, a few steps protect your position:

• Read the denial letter closely, and note the reasons given and any dates or deadlines it mentions.
• Keep all correspondence with the insurer, including emails, letters, and benefit statements.
• Continue your treatment where you can, and keep records, since ongoing medical evidence supports your need for benefits.
• Note the deadline to dispute, because the right to challenge a decision at the Licence Appeal Tribunal is time-limited.
• Get advice promptly rather than relying only on back-and-forth with the insurer, which can use up time.

The deadlines that matter for accident benefits

Accident benefits run on tight timelines. You generally must notify your insurer within 7 days of the accident, and return the completed Application for Accident Benefits (OCF-1) within 30 days of receiving it. If a benefit is later denied or cut off, there is a separate, limited time to bring a dispute to the Licence Appeal Tribunal. Missing these can affect your right to benefits, so confirm the dates that apply to you.

How accident benefits and a lawsuit fit together

Accident benefits and a tort claim are two separate tracks that often run at the same time. Benefits generally come from your own insurer and start flowing first, regardless of fault, to cover immediate needs. A tort claim against the at-fault driver addresses losses your benefits do not fully cover, such as pain and suffering and the full extent of income loss. Coordinating the two matters is important, because what happens on one track can affect the other.

Serving Toronto & the Greater Toronto Area

Based in Toronto, AK Lawyers helps injured people pursue and protect their accident benefits across Toronto and the GTA, including Mississauga, Brampton, Vaughan, North York, Scarborough, Barrie, Richmond Hill, Aurora, and King City. Accident benefits disputes in Ontario are decided by the Licence Appeal Tribunal.

Frequently asked questions