Car Accident Lawyer in Toronto & the GTA

After an Ontario car accident, you may have two claims: no-fault accident benefits from your own insurer (regardless of who caused the crash), and a tort claim against the at-fault driver. You generally have 2 years to sue, but only 7 days to notify your insurer.

If you've been hurt in a motor vehicle collision in Ontario, the days that follow are often a blur of medical appointments, insurance calls, time off work, and a process that feels built to confuse you. This page explains, in plain language, how car accident claims actually work in Ontario, the deadlines that can make or break your case, and how the lawyers at AK Lawyers help injured people across Toronto and the Greater Toronto Area. It is general information, not legal advice for your specific situation.

What to do after a car accident in Ontario

What you do in the first hours and days helps protect both your health and your claim. In order of priority:

• Get to safety and check for injuries. Move out of traffic if you can, turn on hazards, and call 911 if anyone is hurt.
• Report the collision. In Ontario, you must report a crash to police if anyone is injured or if total property damage appears to exceed $5,000. When in doubt, report it. A police record is valuable evidence.
• Document the scene. Photograph all vehicles, positions, road and weather conditions, and any visible injuries. Collect the information below from every driver involved.
• Get medical attention promptly, even if you feel “okay”. Some serious injuries (concussions, soft-tissue, internal) show up later, and a prompt medical record links your injuries to the crash.
• Notify your own insurer quickly. You have only 7 days (see deadlines below).
• Be careful what you sign or record. You are not required to give the at-fault driver's insurer a statement before getting advice.

Information to collect at the scene

The two claims: accident benefits vs. a lawsuit

In short: accident benefits generally come from your own insurer and are paid regardless of fault. A tort claim is a separate lawsuit against the at-fault driver for losses your benefits don't fully cover, such as pain and suffering. Many injured people pursue both at once.

Ontario runs a “no-fault” auto insurance system, which is widely misunderstood. It does not mean no one is to blame. It means your own insurer pays your initial benefits quickly, without waiting for fault to be sorted out. Fault still matters, because it determines whether you can sue the other driver for everything your benefits don't cover.

Accident benefits (SABS), explained

Statutory Accident Benefits are available to anyone injured in an Ontario motor vehicle accident under the Statutory Accident Benefits Schedule (SABS). To access them, you must act fast: notify your insurer within 7 days, then return the completed Application for Accident Benefits (OCF-1) within 30 days of receiving it. Common benefits include:

• Medical and rehabilitation benefits: treatment OHIP doesn't cover, such as physiotherapy, chiropractic, psychological care, and assistive devices.
• Income replacement benefits (IRBs): typically up to 70% of gross income, commonly capped at $400/week unless you bought optional higher coverage.
• Attendant care benefits, which help with personal care when injuries are serious.

How much you can access depends on how your injuries are classified:

Important 2026 change: Ontario is moving toward an “optional” accident-benefits model, and as of July 1, 2026, some benefits that were once standard may become add-ons drivers have to choose. If certain benefits aren't on your policy, a tort claim against the at-fault driver can become even more important. Confirm what your specific policy covers, and check your accident date, with a lawyer.

Suing the at-fault driver (the tort claim)

A tort claim is a lawsuit against the driver who caused the crash, for losses accident benefits don't fully cover: most notably pain and suffering, the full extent of lost income, and future care costs. Two Ontario-specific rules shape these claims:

Fault Determination Rules

Ontario insurers assign fault using a regulation that sets out dozens of common collision scenarios. Some are clear-cut. A driver who rear-ends a stopped car is generally found 100% at fault. Others require evidence to sort out.

Contributory negligence

Fault can be shared. If you are found, say, 20% responsible, a $100,000 award is reduced to $80,000. Insurers often try to assign you a share of blame to reduce what they pay, which is why evidence matters so much.

The threshold and the deductible

To sue for pain and suffering, your injury must clear a legal “threshold”. This generally means a permanent, serious impairment of an important physical, mental, or psychological function, or permanent serious disfigurement. Even then, a statutory deductible applies. For 2026, the deductible on a pain-and-suffering award is $47,913.01, and it disappears entirely once the award reaches $159,708.71. These amounts are set by Ontario's Financial Services Regulatory Authority (FSRA), which indexes them every January 1st (the 2026 increase was 2.4%).

What your claim may be worth

No two claims are alike, and anyone who promises a number before reviewing your case isn't being straight with you. Ontario law groups compensation into two broad types:

• Pecuniary damages: losses with a dollar figure, such as past and future income loss, future care costs, and out-of-pocket expenses.
• Non-pecuniary damages: pain, suffering, and loss of enjoyment of life. Canada caps these “general damages”; the cap (inflation-adjusted) sits around $450,000, reserved for the most catastrophic injuries.

The honest answer to “what's my claim worth?” is that it depends on the severity and permanence of your injuries, their effect on your work and daily life, the evidence, and how the threshold and deductible apply. A lawyer's job is to build the medical and financial evidence that establishes the full, true value.

The deadlines that matter

• 7 days: Notify your own insurer of the accident.
• 30 days: Return the completed accident-benefits application (OCF-1).
• 120 days: Give written notice to the at-fault driver if you intend to sue.
• 2 years: The general limitation period to start a lawsuit (subject to the discoverability rule and extensions for minors or incapacity).
• 10 days: If your injury involves a municipality (for example, a poorly maintained city road), written notice to the municipality. This matters for crashes tied to road conditions in Toronto and across the GTA.

The right deadline depends on the facts and the date of your collision, and missing one can bar an otherwise strong claim. If you're unsure where you stand, it's worth a free call sooner rather than later.

How AK Lawyers handles car accident claims

AK Lawyers (Antonov Kaganovich LLP) is a personal injury firm in Toronto that represents injured people, never insurance companies. Our approach to motor vehicle claims:

• We prepare every file as if it will go to trial. Most claims settle, but thorough preparation is what gives our clients leverage to negotiate from strength.
• We build the evidence. Where a case calls for it, we coordinate with treating physicians, retain medical specialists, and work with accident-reconstruction and economic experts to document the full extent of your losses.
• We manage both tracks (your accident-benefits claim and your tort claim) so deadlines are met and nothing falls through the cracks.
• You are not just a file. You'll have a clear point of contact and plain-language updates on your case.
• 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 explains how disbursements (case expenses, such as medical reports and court fees) are handled.

Serving Toronto & the Greater Toronto Area

Based in Toronto, AK Lawyers represents people injured in car accidents across Toronto and the surrounding GTA, including Mississauga, Brampton, Vaughan, North York, Scarborough, Barrie, Richmond Hill, Aurora, and King City. Motor vehicle claims in this region are generally handled through the Ontario Superior Court of Justice. Whether your collision happened on the Gardiner, Highway 427, the QEW, or a local street, we can help you understand your options.

Frequently asked questions

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