Quick answer: After a car accident in Toronto, your first priorities are safety, medical care, and documentation. Move to safety, call 911 if anyone is injured, report the collision to a Toronto Collision Reporting Centre if damage exceeds $5,000, exchange information, and notify your insurer within seven days. Seek legal advice promptly, Ontario’s two-year limitation period can affect your right to sue.
Car accidents happen fast. One moment you’re driving through an intersection; the next, you’re sitting in a damaged vehicle trying to figure out what comes next. Toronto’s busy streets — from the Gardiner Expressway to Yonge and Bloor — see thousands of collisions every year, and the steps you take in the hours and days that follow can have a direct and lasting impact on your legal rights and financial recovery.
This guide walks you through exactly what to do after a car accident in Toronto, from the scene of the collision to filing an accident benefits claim and understanding your legal options. Whether you were driving, cycling, walking, or riding as a passenger, the information here applies to you.
Ontario’s car accident laws are specific, and deadlines matter. Reading this guide is a strong first step — but it does not replace personalized legal advice.
Step 1: Move to Safety and Call 911 When Necessary
Your first obligation at any accident scene is to protect yourself and others from further harm. If it is safe to do so, move your vehicle to the side of the road or a nearby parking lot. Turn on your hazard lights.
Call 911 immediately if:
- Anyone has been injured
- A driver appears impaired
- A vehicle is blocking traffic and cannot be moved safely
- Public property has been damaged
- A driver involved in the collision has fled the scene
If no one is injured and damage appears to be below $5,000, you are not required to call police to the scene. You will, however, need to report the collision to a Collision Reporting Centre.
Step 2: Report the Collision to a Toronto Collision Reporting Centre
When is a Collision Reporting Centre required?
As of January 1, 2025, Ontario’s property damage reporting threshold was raised from $2,000 to $5,000. If the combined damage to all vehicles involved exceeds $5,000, you are required to report the collision to police — either by calling 911 or attending a Collision Reporting Centre (CRC) within 24 hours.
The Toronto Police Service operates several CRCs across the city. You can find the nearest location on the Toronto Police Service website. Failing to report a qualifying collision is a provincial offence, and it can also complicate your insurance claim.
Even if damage appears to be below the $5,000 threshold, reporting the collision is generally a good idea. Damage is not always visible from the outside, and your insurer will want a record.
Step 3: Exchange Information with the Other Driver
At the scene, collect the following from every driver involved:
- Full legal name and contact information
- Driver’s licence number
- Vehicle licence plate number
- Insurance company name and policy number
- Make, model, and year of the vehicle
Do not discuss fault at the scene. While Ontario’s Apology Act generally prevents an apology from being treated as an admission of legal liability, it is still best to avoid debating who caused the collision or making statements that could later be misunderstood. Focus on exchanging information, assisting anyone who may be injured, and cooperating with police if they attend.
If there are witnesses, ask for their names and contact details. Independent witness statements can be valuable if fault becomes disputed later.
Step 4: Document the Accident Scene
Before vehicles are moved — where safe and practical — photograph and video record the following:
- The position of all vehicles
- Visible damage to every vehicle involved
- Road conditions, weather, and lighting
- Skid marks, debris, or other physical evidence
- Nearby street signs, traffic lights, and intersection markings
- Any visible injuries
Also write down or voice-record your own account of what happened as soon as possible. Memory fades quickly, and having a contemporaneous record of events can be critical to your claim.
Step 5: Get Medical Attention as Soon as Possible
Seek medical attention immediately after the accident — even if you feel fine. Many serious injuries, including soft tissue injuries, concussions, and internal trauma, do not present symptoms right away. Adrenaline can mask pain for hours or even days.
Visit an emergency department, walk-in clinic, or your family doctor as soon as possible. Be honest and thorough when describing your symptoms. Your medical records from this period will form the foundation of any accident benefits claim or tort claim you later pursue.
Delaying medical treatment can give an insurer grounds to argue that your injuries were not caused by the accident.
Step 6: Notify Your Insurer Within Seven Days
Ontario law requires accident victims to notify their insurer of a collision promptly. Most insurance policies require notification within seven days of the accident. If you intend to make an accident benefits claim — which covers you regardless of fault — you must also submit a completed accident benefits application within 30 days of receiving the forms from your insurer.
When speaking with your insurer at this early stage, describe what happened factually and concisely. Avoid speculating about fault or the severity of your injuries before you have received a full medical assessment.
Step 7: Understand Accident Benefits Under Ontario’s SABS
What are Statutory Accident Benefits?
Ontario’s Statutory Accident Benefits Schedule (SABS) provides financial support to anyone injured in a car accident in Ontario, regardless of who was at fault. These benefits are paid through your own auto insurance policy and cover:
- Medical and rehabilitation expenses
- Attendant care costs
- Income replacement if you cannot work
- Caregiver expenses
- Non-earner benefits for students or those not in the workforce
Accident benefits claims are handled separately from any lawsuit against the at-fault driver.
Important Ontario Update: Accident Benefit Changes Effective July 1, 2026
Ontario’s auto insurance system is undergoing a significant structural change effective July 1, 2026. Understanding these changes before you renew your policy — or before an accident occurs — is essential.
What is changing on July 1, 2026?
Under the reforms announced by the Financial Services Regulatory Authority of Ontario (FSRA), medical, rehabilitation, and attendant care benefits will remain mandatory under all Ontario auto insurance policies. However, all other accident benefits — benefits that were previously included as standard coverage — will become optional add-ons that drivers must actively choose to purchase.
The benefits moving to optional status include:
| Benefit | What It Covers |
|---|---|
| Income Replacement | Lost income if you cannot work (up to $400–$1,000/week depending on the option selected) |
| Non-Earner Benefit | Financial support for injured students or those not earning income |
| Caregiver Benefit | Expenses if you cannot provide care for a dependent |
| Housekeeping & Home Maintenance | Costs of hiring help for household tasks |
| Lost Educational Expenses | Tuition and fees if injuries prevent you from attending school |
| Visitor Expenses | Travel and accommodation costs for family visiting during recovery |
| Death Benefit | Financial support for surviving family members |
| Funeral Benefit | Assistance with funeral costs |
Many consumer advocates and personal injury lawyers have expressed concern that drivers may decline important coverage without fully understanding the consequences. While insurers have suggested that consumers may realize premium savings by selecting reduced coverage, estimates commonly discussed within the industry suggest those savings may only amount to approximately $60 to $100 per year for many policyholders.
As a result, Ontario drivers should carefully consider whether the relatively modest premium savings justify the potential loss of income replacement, caregiver, death, funeral and other important accident benefits following a serious collision.
According to the Insurance Bureau of Canada, coverage in place at the time of an accident will govern any resulting claim. If you have not opted in to income replacement coverage before an accident occurs, you will not be entitled to it after the fact.
What this means for Ontario drivers: Review your policy carefully before July 1, 2026 and speak with your insurance broker about which optional benefits are appropriate for your situation. Drivers without disability coverage through an employer, the self-employed, caregivers, and students are particularly vulnerable under the new model.
Starting July 1, 2026, your auto insurance policy will also become the first payor for eligible accident-related medical and rehabilitation expenses — ahead of employer group benefits or private health insurance. Speak with your extended health benefits provider to understand how your coverages will interact.
Step 8: Understand the Difference Between Accident Benefits and a Tort Claim
Many accident victims do not realize they may have two separate legal avenues available to them.
Accident benefits are no-fault benefits paid through your own insurer. They are available regardless of who caused the collision. These benefits are governed by the SABS and cover medical expenses, income replacement, and related costs.
A tort claim (also called a lawsuit or civil claim) is a legal action against the at-fault driver to seek compensation for pain and suffering, additional income loss, health care costs not covered by accident benefits, and other damages. To succeed in a tort claim, you generally need to establish that the other driver was at fault and that your injuries meet Ontario’s legal threshold.
These two streams operate independently. Pursuing accident benefits does not prevent you from also bringing a tort claim, and vice versa. An experienced personal injury lawyer can help you assess which avenues apply to your situation and how to pursue them effectively.
Step 9: Know the Legal Deadlines
Missing a legal deadline after a car accident can permanently extinguish your right to compensation. Key timeframes to be aware of include:
- Seven days: Notify your insurer of the accident
- 30 days: Submit a completed accident benefits application after receiving forms from your insurer
- Two years: Ontario’s general limitation period for commencing a civil lawsuit (the clock typically begins running from the date of the accident or the date you reasonably discovered your injury)
The two-year limitation period sounds generous, but building a strong legal case takes time. Evidence degrades, witnesses become harder to locate, and medical documentation needs to be assembled carefully. Do not wait until you are close to the deadline to seek legal advice.
Certain situations — including accidents involving minors, unidentified drivers, or claims against government entities — may involve different or additional notice requirements. A Toronto car accident lawyer can identify which deadlines apply to your specific case.
Step 10: Be Careful When Speaking with Insurance Adjusters
After reporting your claim, an insurance adjuster will be assigned to your file. The adjuster’s role is to assess the value of your claim and that interest does not always align with yours.
Be cautious about:
- Providing a recorded statement before speaking with a lawyer
- Signing any documents or releases before you understand what you are waiving
- Accepting a quick settlement before the full extent of your injuries is known
- Minimizing your symptoms or speculating about your recovery timeline
You are not legally required to provide a recorded statement to the other driver’s insurer. Consult with a personal injury lawyer before doing so.
Common Insurance Company Tactics After a Car Accident
Most insurance adjusters are professional and courteous. However, it is important to remember that an insurer’s goal is to assess and manage its financial exposure.
In accident benefits and personal injury claims, insurers may:
- Request insurer examinations to challenge the severity of injuries;
- Deny or limit treatment plans;
- Terminate income replacement benefits;
- Argue that symptoms are related to pre-existing conditions rather than the collision;
- Conduct surveillance or review social media activity;
- Suggest that a claimant is capable of returning to work sooner than their treating professionals recommend;
- Make settlement offers before the full extent of injuries is understood.
None of these actions necessarily mean an insurer is acting improperly. However, understanding how claims are investigated and evaluated can help injured individuals make informed decisions and avoid unintentionally undermining their case.
Special Considerations for Cyclists and Pedestrians
Cyclists and pedestrians injured by a motor vehicle in Ontario may be entitled to accident benefits even if they do not own a vehicle themselves. Determining which insurer is responsible can be complex. Depending on Ontario’s priority rules, benefits may be available through the injured person’s own auto insurer, a spouse’s or household member’s insurer, or the insurer of the vehicle involved in the collision.
Cyclists and pedestrians who are injured by an unidentified driver may be able to make a claim through the Motor Vehicle Accident Claims Fund.
If you were a cyclist, preserve your bicycle and any cycling equipment as evidence. Document the scene, including road conditions, the position of the vehicle, and any contributing factors such as a dooring incident.
What If the Other Driver Fled the Scene?
Hit-and-run collisions are unfortunately not uncommon in Toronto. If the at-fault driver flees the scene:
- Call 911 immediately
- Note any details you can recall about the vehicle: colour, make, model, and partial plate number
- Speak with witnesses and ask for their contact information
- Report the collision to the Toronto Police Service and to a Collision Reporting Centre
Even if the at-fault driver cannot be identified, you may still be entitled to accident benefits through your own insurer. A tort claim against an unidentified driver may also be possible through your own uninsured motorist coverage or the Motor Vehicle Accident Claims Fund. The rules governing these claims are technical, legal advice is strongly recommended.
What If You Were a Passenger?
Passengers injured in a car accident have the same right to accident benefits as drivers. Your first source of accident benefits coverage will typically be the policy of the vehicle you were travelling in. You may also have a potential tort claim against one or more of the drivers involved, depending on how fault is determined.
As a passenger, you bear no fault for the collision. This puts you in a strong legal position but you still need to act promptly to protect your rights.
How Kotak Law Can Help After a Toronto Car Accident
Kotak Law is a personal injury and disability law firm with offices across Ontario and Canada, including Toronto, Mississauga, Brampton, and Ottawa. Led by Nainesh Kotak — Led by Nainesh Kotak, founder of Kotak Personal Injury Law, a lawyer called to the Ontario Bar in 1994 and recognized in the Canadian Lexpert Directory as a leading practitioner in long-term disability law, the firm brings more than three decades of litigation experience to every client matter. Kotak Law represents clients in:
- Motor vehicle accident claims
- Accident benefits disputes
- Long-term disability claims arising from accident injuries
- Canada Pension Plan disability denials
- Personal injury litigation
The firm understands that no two accidents are alike. Whether you sustained a soft tissue injury, a traumatic brain injury, chronic pain, or a psychological condition following a collision, Kotak Law’s team can assess your claim, help you navigate the accident benefits process, and advise you on whether a tort claim is appropriate.
Kotak Law works on a contingency fee basis, which means there are no legal fees unless you recover compensation. Your initial consultation is free.
At Kotak Law, we frequently meet individuals months after a collision when benefits have already been denied, important evidence has disappeared, or critical deadlines have been missed. In many cases, a brief consultation early in the process could have helped avoid those problems.
Motor vehicle accident claims often involve multiple insurance policies, overlapping benefits, medical documentation requirements and strict timelines. Understanding your rights early allows you to focus on your recovery while ensuring important decisions are made from a position of knowledge rather than uncertainty.
Whether your injuries appear minor or severe, obtaining legal advice shortly after a collision can help you understand your options, preserve evidence and avoid mistakes that may affect your claim later.
Injured in a Toronto Car Accident? Contact Kotak Law Today.
The decisions you make in the days following a car accident can affect your health, your finances, and your legal rights for years to come. You do not have to navigate this process alone.
Contact Kotak Law for a free consultation with an experienced Toronto car accident lawyer. Call 1-888-GOKOTAK or visit kotaklaw.com to get started. The team is available to answer your questions and help you understand all of your options — at no cost to you.
Frequently Asked Questions
Do I have to report a car accident to Toronto police?
You must report a car accident to the police if anyone is injured, if public property is damaged, if a driver is impaired, or if total vehicle damage exceeds $5,000. If none of those conditions apply, you are not required to call police to the scene, but you should still report the collision to a Toronto Collision Reporting Centre.
How long do I have to file an accident benefits claim in Ontario?
You must notify your insurer of the accident within seven days and submit a completed accident benefits application within 30 days of receiving the forms from your insurer. Missing these deadlines can affect your entitlement to benefits.
What if I was not at fault for the accident — can I still claim accident benefits?
Yes. Ontario’s accident benefits system is no-fault, meaning you can claim benefits through your own insurer regardless of who caused the collision.
What is the deadline to sue after a car accident in Ontario?
Ontario’s general limitation period for commencing a lawsuit is two years from the date of the accident or the date you discovered your injury. Certain exceptions may apply. You should speak with a personal injury lawyer as early as possible to ensure no deadlines are missed.
What is changing about Ontario accident benefits on July 1, 2026?
Effective July 1, 2026, many previously standard accident benefits — including income replacement, caregiver benefits, and death and funeral benefits — will become optional. Only medical, rehabilitation, and attendant care benefits will remain mandatory. Drivers should review their policies and speak with a broker before the changes take effect.
Can I claim accident benefits if I was a pedestrian or cyclist hit by a car?
Yes. Pedestrians and cyclists injured by a motor vehicle in Ontario are entitled to accident benefits. If you do not have your own auto insurance, you can generally claim through the at-fault driver’s insurer or, in some cases, through a household member’s policy or the Motor Vehicle Accident Claims Fund.
Should I give a recorded statement to the insurance adjuster?
You should consult with a personal injury lawyer before providing any recorded statement — particularly to the other driver’s insurer. Recorded statements can be used to challenge your claim later. You are not legally required to provide one to a third-party insurer.
How much does it cost to hire Kotak Law for a car accident claim?
Kotak Law works on a contingency fee basis, meaning you pay no legal fees unless you recover compensation. Your initial consultation is free. Call 1-888-GOKOTAK to speak with a member of the team.
