If another driver’s negligence caused an Ontario car accident and you were injured, you may be able to bring a tort claim against the at-fault party. You may also be entitled to statutory accident benefits through an automobile insurer, regardless of who caused the collision.
Being “not at fault” is important, but it is not the only requirement. A successful claim generally needs evidence that another party was negligent, that the negligence caused an injury and that the injury produced legally compensable loss.
Ontario allows fault to be divided. A claimant who is partly responsible may still have a claim, but damages can be reduced by that person’s percentage of responsibility. Insurance fault percentages and legal liability are related issues but are not always decided in exactly the same way.
Ontario automobile claims have a statutory threshold for non-pecuniary damages. The claimant generally must prove a permanent serious impairment of an important physical, mental or psychological function, or a permanent serious disfigurement. A statutory deductible may also apply to an award below the indexed threshold.
Depending on the evidence, a tort claim may include income loss, health-care expenses, care needs, housekeeping loss and other out-of-pocket expenses. Accident benefits and other payments can affect the final calculation.
Ontario’s Limitations Act generally uses a two-year basic limitation period measured from discovery, but special notice rules and exceptions may apply. Accident-benefits forms also have their own deadlines. Prompt advice helps identify every claim and deadline.
For related answers, visit Krylaw’s Personal Injury FAQs and Accident Benefits page.
This article provides general legal information as of September 2026 and is not legal advice. Liability, threshold issues, deadlines and damages depend on the facts.
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