What are your rights after being injured in a car accident?

November 20, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

If you’re injured in a car or motorcycle crash in Ontario, you’re not alone. The days after can feel overwhelming, with medical appointments, paperwork, and decisions about who pays for treatment. Here’s a clear, practical overview of your rights under Ontario’s auto insurance system, written in plain language.

No-fault benefits: what you can claim

Ontario operates a no-fault system for auto injuries, meaning you can access benefits from your own insurer (or the insurer of the vehicle you were in) regardless of who caused the crash. These benefits are designed to get you medical care and help you recover as quickly as possible. Common categories include:

1. Medical and rehabilitation benefits: coverage for medical treatment, physiotherapy, chiropractic care, occupational therapy, psychology or counselling, and other approved therapies or devices that help you recover.
2. Income replacement benefits (IRB): if you were employed at the time of the crash, you may be eligible for a portion of your wages while you’re off work. These benefits help bridge the gap while you recover.
3. Non-earner benefit: for people who were not working at the time of the crash (or who cannot return to work due to injuries) and who meet the program’s criteria.
4. Caregiver benefits: for families or caregivers who provide at-home care to someone with significant injuries, to help cover the cost of that care.
5. Attendant care benefits: support for personal care and help with daily living activities if your injuries require it.
6. Housekeeping and home maintenance benefits: help with routine tasks around the home that you can no longer manage on your own.
7. Death and funeral benefits: financial support for surviving family members in the event of a fatal crash.

There are other allowances and services that may apply, depending on your situation and the specifics of your policy. A licensed lawyer or an experienced claims professional can help you identify exactly which benefits you’re entitled to and how to apply for them.

Who pays and how to claim

In most cases, your own auto insurer handles the claim, even if you weren’t at fault. If you’re a passenger, pedestrian, or cyclist, you may file with the insurer of the vehicle you were in, or with your own insurer if you have coverage. If the other driver is uninsured or underinsured, you may rely on Uninsured coverage if you need it.

To start your claim, notify your insurer as soon as possible after the crash and complete the required forms (your insurer will guide you). Keep copies of every medical note, prescription, receipt, and repair bill. Documentation is key to proving what you need and why it’s covered. If you’re unsure about a form or deadline, contact a lawyer or a knowledgeable claims professional.

What about suing for damages?

Ontario’s no-fault system means many everyday injuries are resolved through accident benefits rather than lawsuits for pain and suffering. However, there are important exceptions. You may still bring a tort claim for non-economic damages (like pain and suffering) if your injuries qualify as catastrophic impairment or if the circumstances meet specific legal thresholds under the Insurance Act and related rules. The details can be complex, and outcomes depend on the facts of the case and how the law has been interpreted by courts. If you’re considering a lawsuit, talk to a lawyer who specializes in motor vehicle accident claims to understand your options.

What to do right after a crash

1. Seek medical attention, even if you feel “fine” at first. Some injuries aren’t immediately obvious.
2. Call emergency services if anyone is injured or the scene is unsafe.
3. Exchange information with other drivers and note the scene, vehicles, and weather.
4. Take photos of damage, injuries, and road conditions.
5. Get a police report if possible; this can help with your claim.
6. Start your accident benefits claim with your insurer promptly and keep everything in writing.
7. Don’t sign a settlement or a release without legal advice. It can end the right to future benefits or a separate lawsuit.

Why you NEED a lawyer

Navigating no-fault benefits, deadlines, medical documentation, and potential tort claims can be tricky. An Ontario motor-vehicle lawyer can:

1. Assess which benefits you’re eligible for and help you apply.
2. Gather and organize medical evidence to support your claim.
3. Explain deadlines and prevent common claim denials.
4. Advise on whether pursuing a tort claim is appropriate for your injuries.
5. Negotiate with insurers and, if needed, represent you in court.

A note about changes and accuracy

The specifics of no-fault benefits, eligibility, and caps can change. While this overview reflects the general framework in Ontario, numbers, caps, and procedures may be updated by the provincial government or insurers. For the most accurate, up-to-date guidance—and to tailor advice to your exact injuries and policy—talk with a qualified Ontario motor-vehicle lawyer.

At Deutschmann de Koning Law, we’re dedicated to helping Ontarians understand their rights after a car or motorcycle crash. If you or a loved one has been injured, we can review your policy, explain your options, and help you pursue the compensation you need for medical care, rehabilitation, and recovery.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.