Being involved in an accident can be a life-changing event, leaving you to deal with physical injuries, emotional distress, and financial challenges. One of the most pressing concerns after an accident is how long you have to file a claim to seek compensation for your losses. In Ontario, the rules surrounding filing deadlines are governed by specific laws and regulations, making it essential to act promptly to protect your rights.

The timeframe to file a claim after an accident in Ontario depends on the type of claim you intend to pursue. There are typically two main avenues: an insurance claim for accident benefits and a lawsuit for damages against a responsible party.

If you are filing an insurance claim for accident benefits under Ontario’s no-fault insurance system, you must notify your insurance company as soon as possible. In most cases, you are required to provide notice within seven days of the accident and submit a completed application form within 30 days. Accident benefits can cover expenses such as medical treatments, rehabilitation, and income replacement, regardless of who was at fault for the accident. Failing to meet these deadlines may jeopardize your ability to access these benefits.

For lawsuits against another party, the rules are more nuanced. Ontario’s Limitations Act, 2002 sets a general two-year limitation period for filing a personal injury lawsuit. This means you have up to two years from the date of the accident to commence legal action against the at-fault party. However, there are exceptions and nuances to this rule. For example, if you were not immediately aware of your injuries or the connection between the accident and your injuries, the two-year period might begin from the date you reasonably discovered them.

In cases involving municipal liability, such as accidents caused by poorly maintained roads or sidewalks, you must provide written notice to the municipality within 10 days of the accident. This notice should include details about the accident, the injuries sustained, and the location of the incident. Failure to provide timely notice could prevent you from pursuing a claim, although exceptions may apply if you can prove a reasonable explanation for the delay.

If the accident involves a minor or someone under a disability, special rules may extend the limitation period. For minors, the two-year period typically begins once they turn 18, unless a litigation guardian files a claim on their behalf earlier.

Regardless of the type of claim, acting quickly is always advisable. Gathering evidence, such as photos, witness statements, and medical records, is easier when done soon after the accident. Additionally, consulting with a car accident lawyer in Toronto early on ensures you understand your rights and the applicable deadlines for your case.

The most important factor in your decision to choose a car accident lawyer is the lawyer’s trial experience. Why? Because you need a personal injury lawyer who has the courage to say “no” to unreasonable offers, and the commitment and skill to take your case to trial to fight for fair compensation. 

Insurance companies know which personal injury lawyers go to trial for their injured clients and which ones don’t. Our car accident lawyers extensive and successful trial record discourages discounted offers and informs the insurance company that their risk of going to trial is real. This helps us achieve maximum compensation on your behalf when we settle your claims. The end result? The vast majority of motor vehicle accident cases at Boland Romaine (over 95%) settle for maximum compensation without ever going to trial.

At Boland Romaine, our strong trial record will increase the value of your claim and improve the prospect of a fair settlement without having to go to trial. Click here to see a sampling of our successful trial verdicts and review Boland Romaine’s Trial Report Card.

At Boland Romaine, we have won motor vehicle accident trials for those who have suffered: