You're in a car accident
Made through your own insurer
Accident-benefits claim
This is a set of possible benefits available through an insurer after an automobile accident. What you actually get depends on your policy, the circumstances, and whether you meet the eligibility rules.
- Made through an insurance company — often your own, sometimes another driver's.
- Fault usually doesn't decide whether you're eligible to apply.
- Medical, rehabilitation, and attendant-care benefits are mandatory on policies from July 1, 2026 onward.
- Other benefits — like income replacement, caregiver, non-earner, housekeeping, and death and funeral benefits — may depend on optional coverage you or the other driver purchased.
- If the insurer refuses to pay a benefit, disputes are generally resolved through the Licence Appeal Tribunal's Automobile Accident Benefits Service, not a courtroom.
| Accident-benefits claim | Claim against at-fault party | |
|---|---|---|
| Who it's made through | Made through an insurer | Made against a responsible party |
| Role of fault | Fault may not determine initial eligibility | Liability is a central issue |
| What determines the outcome | Benefits depend on your policy and statutory rules | Damages depend on proven legal losses |
| What's covered | Can involve treatment and income-related benefits | Can involve pain, income loss, care costs and other damages |
| Where disputes go | Disputes may proceed through the LAT | Lawsuits generally proceed through the courts |
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You often deal with both at the same time
Most people navigate both paths after a serious accident — applying for accident benefits while also considering a claim against whoever caused the crash. They run on separate tracks with separate rules.
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Your policy year matters
Coverage details changed for Ontario auto policies entered into or renewed on or after July 1, 2026. What benefits are mandatory versus optional can depend on when your policy started. Check your actual policy, or ask your broker, rather than assuming.