SIDHUINJURY LAWYERS
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Pedestrians and Cyclists Lost the Most in the 2026 Benefit Changes

The 2026 changes

The people with no policy of their own are the people with the least left after July 2026, and they are the ones most likely to be seriously hurt.

THE SHORT ANSWER

Someone hit while walking or cycling who has no access to their own auto policy may now only be able to claim Ontario's mandatory medical, rehabilitation and attendant care benefits. Income replacement is no longer automatically available to them.

The gap that opened

A pedestrian struck by a car has always been able to claim accident benefits even without owning a vehicle. That has not changed. What changed is what those benefits contain.

Because income replacement is now optional coverage attached to a policy, a person with no policy of their own has no optional coverage to rely on. They are left with the mandatory benefits.

Check every household policy first

Coverage can come from a spouse, a parent, or another household member's policy. Whether you are covered under someone else's policy is a technical question and the answer is frequently yes when people assume it is no.

This is the single most valuable thing to establish early, because it determines what is available to fund your recovery.

The advantage you still have

Ontario places the burden on a driver who strikes a pedestrian or cyclist to show they were not at fault. That reverse onus is a genuine advantage in the claim against the driver, and it did not change in 2026.

The claim against the at-fault driver is now doing more of the work than it used to, which makes evidence about how the collision happened more important, not less.

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)

2years

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

Changed 2026-07-01

Ontario changed accident benefits 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

COMMON QUESTIONS

Questions we get every week

Yes, but since July 2026 you may be limited to the mandatory medical, rehabilitation and attendant care benefits unless you have access to a policy carrying optional coverage.

Often yes, depending on the household arrangement and the policy terms. It is worth checking properly rather than assuming.

Uninsured and unidentified motorist coverage exists for this situation, and there is a provincial fund of last resort.

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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Ontario made three accident benefits optional on July 1, 2026. Two questions show which benefits every policy still carries and which now depend on what was purchased.

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