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Ontario Accident Benefits: What You Can Actually Claim After a Crash

After an injury

Accident benefits are the part of the system that funds your recovery, and the part most people file wrongly.

THE SHORT ANSWER

Accident benefits are paid by your own insurer regardless of fault. Medical, rehabilitation and attendant care are mandatory. Since July 1, 2026, income replacement, non-earner and caregiver benefits are optional coverage.

The two claims running at once

After a collision in Ontario there are usually two separate claims. Accident benefits come from your own insurer regardless of who caused the crash. The tort claim is brought against the driver at fault.

They have different rules, different deadlines and different people administering them. Confusing the two is the most common early mistake.

What is mandatory and what is not

Medical, rehabilitation and attendant care benefits are mandatory on every Ontario policy. Income replacement, non-earner and caregiver benefits became optional on July 1, 2026.

Auto insurance also now pays first for medical and rehabilitation costs, ahead of an extended health plan, with medication the exception.

The limits that apply

For an injury that is not catastrophic, medical, rehabilitation and attendant care are capped at a combined limit for a defined period. A catastrophic impairment designation raises that limit substantially and removes the time restriction.

Separately, injuries classified under the minor injury category are capped far lower, which is why that classification is worth challenging when it is wrong.

Filing on time

Notice to your insurer and returning the completed application both run on short deadlines. These are the deadlines people miss while still in hospital, and missing them delays the funding that pays for treatment.

Changed 2026-07-01

What changed for you on July 1, 2026

  • Medical, rehabilitation and attendant care remain mandatory on every policy.
  • Income replacement, non-earner and caregiver benefits are now optional coverage you have to buy.
  • Auto insurance now pays first for medical and rehabilitation costs, ahead of an extended health plan. Medication is the exception.
  • Someone without their own auto policy, including pedestrians and cyclists, may now only be able to claim the mandatory medical, rehabilitation and attendant care benefits.
STILL MANDATORY
  • Medical benefits
  • Rehabilitation benefits
  • Attendant care benefits
NOW OPTIONAL
  • Income replacement benefits
  • Non-earner benefits
  • Caregiver benefits

If you were hurt on or after July 1, 2026, what you can claim depends on what optional coverage was bought. Check the policy before assuming a benefit is there.

Financial Services Regulatory Authority of Ontario, changes to Statutory Accident Benefits coverage effective July 1, 2026

Deadlines that apply to you

These are the dates that end claims. Check them first.

7days

Tell your own auto insurer about the collision as soon as you reasonably can, and no later than seven days.

Statutory Accident Benefits Schedule, O. Reg. 34/10, s. 32(1)

30days

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)

For an injury that is not catastrophic, medical, rehabilitation and attendant care benefits are capped at $65,000 combined, available for up to 260 weeks after the collision.

Statutory Accident Benefits Schedule, O. Reg. 34/10 · in force 2019-06-03

If the impairment is found to be catastrophic, the combined medical, rehabilitation and attendant care limit rises to $1,000,000 with no time limit.

Statutory Accident Benefits Schedule, O. Reg. 34/10

COMMON QUESTIONS

Questions we get every week

Yes. Accident benefits do not depend on fault.

Passengers can claim accident benefits. Which policy responds depends on the circumstances and is worth establishing early.

They are separate claims, though benefits received can be taken into account in the tort claim. They are pursued together rather than one instead of the other.

Written by

Shawn Sidhu, personal injury lawyer

Shawn Sidhu, Lawyer

Called to the bar in British Columbia, 2013

University of British Columbia · University of Birmingham

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