Automobile Accidents FAQs

1. What should I do immediately after a car accident?

• Ensure safety: Move to a safe area if possible and check for injuries.

• Call 911 if there are injuries, major damage, or if you’re unsure.

• Exchange information with the other driver(s) (license, insurance, plate number).

• If possible, take photos of the scene, vehicles, road conditions, and any injuries.

• Seek medical attention even if injuries seem minor as symptoms may worsen later.

• Report the accident to your insurance company within seven (7) days 

2. Do I need to report the accident to the police?

You must report the accident to police if:

• There are injuries or fatalities;

• Damage exceeds $2,000 total;

• It involves a government vehicle, pedestrian, or cyclist;

• A driver appears impaired or fled the scene.

Minor collisions can be reported at a Collision Reporting Centre within 24 hours.

3. Who will pay for my medical treatment and lost wages?

In Ontario, you’re entitled to Statutory Accident Benefits (SABS) through your own auto insurance—regardless of who was at fault. These benefits may cover:

• Medical and rehabilitation expenses

• Income replacement (up to $400/week—higher if you purchased optional benefits)

• Attendant care

• Housekeeping and caregiving (in serious cases)

You may also be eligible to sue the at-fault driver via a Tort lawsuit for additional compensation (pain and suffering, lost income, etc.), depending on the severity of your injuries.

4. Can I sue the other driver?

Yes, if you suffered serious and permanent injuries, you may have the right to sue the at-fault driver for:

• Pain and suffering

• Past and future lost income

• Medical expenses not covered by SABS

• Loss of enjoyment of life

However, there are thresholds and deductibles that apply to such lawsuits in Ontario, so speaking with an experienced personal injury lawyer is essential.

5. What are accident benefits (SABS), and how do they work?

Accident benefits are mandatory insurance coverages that provide support after a car accident, regardless of fault. They’re available through your own auto insurance or, if you're a passenger or pedestrian, the insurance of another involved party.

Benefits may include:

• Medical and rehab care

• Income replacement

• Non-earner benefits (for those not employed)

• Caregiver, attendant care, and housekeeping (in serious cases)

Insurers often require medical forms and may request assessments—legal guidance can help ensure you receive the benefits you're entitled to.

6. What if the other driver is uninsured or fled the scene?

If the other driver was uninsured or cannot be identified (hit and run), you can still make a claim through:

• The Uninsured Automobile Coverage on your policy

• The Motor Vehicle Accident Claims Fund (MVACF), if no other insurance is available

You still have rights—even in these complex situations.

7. How long do I have to file a claim or lawsuit?

• You must apply for accident benefits within 30 days of receiving the forms.

• You generally have 2 years to file a lawsuit against the at-fault driver.

• If the accident involves a municipality, written notice must be given within 10 days.

• Acting promptly helps preserve your rights and supports your claim.

8. What if I was partially at fault for the accident?

Ontario follows a “comparative negligence” system. This means that if you’re found partially at fault, your compensation may be reduced by your percentage of fault—but you can still receive benefits and potentially sue for damages.

9. Do I need a lawyer after an automobile accident?

While you’re not legally required to hire a lawyer, doing so can help:

• Maximize your compensation

• Ensure accident benefit forms are completed properly

• Handle insurer disputes or denials

• Meet legal deadlines

• Prepare for potential litigation

An experienced personal injury lawyer can take the burden off your shoulders while you focus on recovery.

10. How much does it cost to hire an automobile accident lawyer?

Most personal injury lawyers in Ontario work on a contingency fee basis where the fee is a percentage of your settlement or award, and all terms are discussed in advance so there are no surprises. If you choose to retain us under a Contingency Fee Agreement, when your matter resolves, our firm takes a percentage of the settlement or award for our fees and disbursements. Our lawyers will fully explain our retainer and fee arrangements at your initial consultation before you retain us. You may also choose to retain us other than by a contingency fee agreement, and the agreement will be fully transparent and fair from the outset.

11. What are disbursements?

Disbursements are out-of-pocket expenses paid by a law firm to move your case forward. These can include costs for medical records, court filing fees, expert reports, and other necessary documentation. At our firm, we typically cover these costs upfront and recover them upon settlement.

If you have a question that isn’t answered here, we invite you to contact us. The Gowland, Boriss team is here to listen, support, and guide you through the process—with clarity, compassion, and a strong commitment to your best interests.

705.743.7252 | 1.800.808.0189 | info@gowlandboriss.ca

Disclaimer:

Please note that nothing on this website should be considered legal advice and is being provided for general information purposes only. For legal advice, we encourage consultation with a lawyer to review your specific concerns and situation.

Frequently Asked Questions:

• Personal Injury FAQs

• Automobile Accidents FAQs

• Slip & Trip and Fall FAQs

• Accident Benefits Disputes FAQs

• LTD Benefit Disputes FAQs

• Insurance Disputes FAQs

• Estate Litigation FAQs

• Real Estate Litigation FAQs