Car Accident Lawyer in Toronto and Across Ontario

Usually both. Regardless of who was at fault, your own insurer pays statutory accident benefits including treatment, rehab, attendant care, and income replacement if you carry it. Separately, you can sue the at-fault driver for losses those benefits do not fully cover, such as pain and suffering and income loss beyond the SABS amount. The two claims run at the same time.

Generally two years from the accident to sue the at-fault driver. The shorter deadlines come first. Notify your own insurer within 7 days, file the OCF-1 accident benefits application within 30 days, and, if a municipality is involved, give written notice within 10 days. Get advice early so none of these slip.

To recover pain and suffering from the at-fault driver, s. 267.5 of the Insurance Act requires you to prove a permanent serious impairment of an important physical, mental or psychological function, or permanent serious disfigurement. This is the verbal threshold. Meeting it takes credible, well-documented medical evidence, which is a large part of what we build for you.

For 2026, the court subtracts $47,913.01 from a pain and suffering award. If the award reaches $159,708.71 or more, the deductible disappears and you keep the full amount. These figures are set by regulation and rise with inflation each year. Proper case valuation matters because of this gap.

Several benefits became optional. Income replacement, caregiver, non-earner, and death and funeral benefits now have to be purchased actively at policy purchase or renewal. Only medical, rehabilitation, and attendant care remain mandatory. Your coverage depends on what you selected, so it is worth checking your policy and getting advice on what you can still claim.

Yes. Benefit denials and cut-offs are challenged at the Licence Appeal Tribunal. You generally have two years from a valid denial to bring a dispute, with earlier steps such as requesting reconsideration. Updated medical evidence usually strengthens the case. James handles LAT disputes and the litigation if it goes further.