A claim is generally governed by the accident benefits rules in force on the date of the collision. If you were hurt before July 1, 2026, the pre-reform framework applies and income replacement, non-earner and caregiver benefits were not optional.
Why the date of the collision decides everything
Insurance regulation generally attaches to the date of loss. The policy in force that day, and the rules in force that day, are what govern the claim. Later changes do not reach back and take away a benefit you already had.
This is why the first thing anyone should establish is the exact date, not the approximate month.
What this means in practice
If your collision was before July 1, 2026, income replacement, non-earner and caregiver benefits were part of the standard package rather than something that had to be purchased separately.
It also means that a great deal of the material now being written about the 2026 changes simply does not describe your claim, and following it could cost you a benefit you are entitled to.
Where it gets complicated
Long-running claims cross the boundary. A collision in 2024 that is still being treated in 2026 stays under the old framework, but the people administering it are now working with two systems at once.
That is a common source of errors, and errors in your favour are not the ones that get corrected quickly.
Deadlines that apply to you
These are the dates that end claims. Check them first.
In most Ontario claims you have two years from the day you knew, or ought to have known, that you had a claim.
Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 4
Once the insurer sends you the application package, the completed application for accident benefits (the OCF-1) is due back within 30 days.
Statutory Accident Benefits Schedule, O. Reg. 34/10, s. 32(5)
Questions we get every week
The pre-reform rules, because the collision predates July 1, 2026. The date of the collision is what governs, not the date you file.
Not if your collision was before July 1, 2026. That is worth challenging in writing, and worth getting advice about.
The general two year limitation period is set by the Limitations Act, 2002 and was not part of the accident benefits reform.
Where this applies
Accident Benefits
Accident benefits are paid by your own auto insurer regardless of who caused the collision.
Read moreInsurance Disputes
Ontario insurers owe policyholders a duty of good faith in how they handle a claim.
Read moreCar Accidents
After a car accident in Ontario you usually have two separate claims running at the same time: accident benefits from your own insurer regardless of who caused the crash, and a claim against the driver at fault.
Read more