Facebook Linkedin Instagram

Accident Benefits Claims in Ontario

Helping Injured Clients Access the Support They Deserve

If you have been injured in a motor vehicle accident in Ontario, you are entitled to apply for accident benefits, also known as no-fault benefits. These benefits are available regardless of who was at fault for the collision and are meant to help cover your medical treatment, lost income, and other essential supports as you recover.

Unfortunately, many injured individuals find the process confusing, frustrating, or unfair, especially when an insurance company denies or limits their benefits. Our personal injury law firm has over 25 years of experience helping people navigate accident benefit claims and disputes. We are here to ensure that your rights are protected and that you receive the full support the law provides.

Contact Us

What Are Accident Benefits?

Accident benefits are available through your own auto insurance policy (or another policy if you are a pedestrian, cyclist, or passenger without insurance). These benefits are governed by the Statutory Accident Benefits Schedule (SABS) in Ontario and can include:

  • Income Replacement Benefits: for those unable to work after the accident
  • Non-Earner Benefits: for individuals who do not qualify for income replacement but suffer a complete inability to carry on normal life
  • Medical and Rehabilitation Benefits: to cover treatment such as physiotherapy, chiropractic care, counselling, and other health services
  • Attendant Care Benefits: for assistance with personal care if you are unable to manage on your own
  • Housekeeping and Home Maintenance Benefits: in more serious cases
  • Caregiver Benefits: if you are unable to care for someone who depended on you before the accident
  • Death and Funeral Benefits: paid to surviving family members in fatal accident cases

Common Problems with Accident Benefit Claims

Many people assume their insurer will act in good faith after a crash. Sadly, that is not always the case. Our firm routinely helps clients who are dealing with:

  • Denied or delayed benefits
  • Insurance requests for excessive paperwork or repeated medical exams
  • Disputes over whether injuries are considered “minor,” “non-catastrophic,” or “catastrophic” under the SABS
  • Termination of benefits after a brief period, even when the person is still clearly injured
  • Pressure from insurers to return to work too early
  • Requests to attend insurer-selected assessments that are not objective

We understand how overwhelming this process can be, especially when you are in pain and unable to work. Our job is to step in, challenge unfair decisions, and advocate for the benefits you are entitled to receive.

How to File a Claim

The first step in applying for accident benefits is connecting with your insurance provider. Your insurance provider will then give you an Accident Benefits Application Package to complete. This package includes forms that must be completed before your claim can be processed. Your Accident Benefit Package should include the following five forms:

  • FORM 1: Application for Accident Benefits (OCF-1)
  • FORM 2: Employer’s Confirmation of Income (OCF-2)
  • FORM 3: Disability Certificate (OCF-3)
  • FORM 4: Permission to Disclose Health Information (OCF-5)
  • FORM 5: Treatment Confirmation Form (OCF-23)

Some forms require your employer, health practitioner or care providers to provide information and submit the form on your behalf. It is essential that these forms are completed in a timely manner to ensure that your claim is processed successfully.

Frequently Asked Questions

Yes. Accident benefits are no-fault, which means you can apply even if you were partly or fully at fault for the accident. These benefits are part of your own auto insurance policy or, in some cases, another policy (if you were a pedestrian, cyclist, or passenger without insurance).

There are strict deadlines. You must notify your insurer within 7 days of the accident (or as soon as reasonably possible) and submit a completed accident benefits application within 30 days. If your benefits are denied, there is a two-year limitation period to start a dispute. Delays can limit your rights, so it is best to speak with a lawyer as early as possible.

Yes. If you were injured by a motor vehicle while walking or cycling, you may be eligible for accident benefits through the driver’s insurance policy or another available policy. If no coverage exists, you may qualify through Ontario’s Motor Vehicle Accident Claims Fund. We will help determine which insurer is responsible for paying your benefits.

Blogs & News
Important Changes to the Statutory Accident Benefits Schedule: What You Need to Know
  • By: Owen Zimmer

Major changes are coming to the Statutory Accident Benefits Schedule, the regulation outlining the benefits available under auto insurance policies in Ontario....

Statutory Accident Benefits in Claims Arising from Motorcycle Accidents
  • By: Chris Beckett
In Ontario, most motor vehicle accidents involve two vehicles, leading to claims for Statutory Accident Benefits and tort claims for additional compensation....
No-Fault Accident Benefits
  • By: Karen Hulan
You may be entitled to receive certain no fault accident benefits if you were injured a car accident, regardless of who is...

Contact Us

We represent survivors of sexual abuse from all across Canada. Our services are flexible and designed to meet your needs — whether that means meeting in person, by phone, or through a secure video call. We offer private, accessible meeting spaces and can also arrange home or hospital visits when appropriate. No matter where you’re located, we’re committed to making the legal process as comfortable and accessible as possible.

Call us Now
Send a Message