Car Accident Claim Time Limit in Ontario: What You Need to Know

Quick Summary

• Personal Injury Lawsuit: You have 2 years from the date of the accident (or injury discovery) to sue.
• Accident Benefits Claim: Must be filed within 30 days of the accident.
• Municipal Claims: Only 10 days’ notice is required.
• Minors & Incapacity: The time limit may be extended in some cases.

What Is the Time Limit to File a Car Accident Claim in Ontario?

In Ontario, there are strict legal deadlines for filing different types of car accident claims:

1. Tort Claim (Suing the At-Fault Party)

You typically have 2 years from the date of your car accident to begin a personal injury lawsuit against the at-fault driver. This limitation period is set under Ontario’s Limitations Act.

However, exceptions apply:

• If your injuries aren’t immediately apparent, the 2-year clock starts when the injury is discovered (also known as the “discoverability rule”).
• If the injured person is under 18 or mentally incapacitated, the time limit may not start until they gain legal capacity.

2. Statutory Accident Benefits (SABS) Claim

You must notify your insurer of your intention to claim Accident Benefits within 7 days, and you must submit your Accident Benefits application forms within 30 days of receiving them. These benefits cover medical expenses, income replacement, and more—regardless of who was at fault.

Failing to meet these deadlines may result in reduced or denied benefits.

3. Municipal or Government Entity Claims

If your accident involved poor road maintenance by a municipality or government body (e.g., potholes, missing signage), you have just 10 days to provide written notice of your intent to sue.

Why Time Limits Matter

Failing to act within these timeframes can result in:

• Losing your right to sue
• A denial of benefits
• Weaker evidence or unavailable witnesses
• Delayed medical assessments and lost recovery opportunities

Don’t Wait—Here’s What to Do After an Accident

1. Seek Immediate Medical Help
   Prioritize your health. Some injuries may not show symptoms right away.
2. Notify Your Insurer
   Contact your insurance provider within 7 days of the accident to initiate your benefits claim.
3. Document Everything
   Keep records of:
   • Medical treatments
   • Hospital visits
   • Missed work
   • Pain, suffering, and emotional distress
4. Talk to an Ontario Personal Injury Lawyer
   Legal advice is crucial—especially if there are questions about fault, deadlines, or benefit denials. A lawyer will ensure you meet all critical time limits and protect your rights to full compensation.

Need Help with Your Car Accident Claim?

At Samfiru Tumarkin LLP, our Ontario personal injury lawyers understand how overwhelming the claims process can be. Whether you’re dealing with serious injuries, missed work, or insurance delays, we’re here to help. We offer free consultations and no legal fees unless we win.

• 💰 No Win, No Fee — you don’t pay unless we succeed
• 👥 Personalized legal support throughout your case
• 📍 Deep local experience in Ontario courts, tribunals, and negotiations
• ⭐ Thousands of 5-star reviews from injury, disability, and employment law clients
• 🗺️ Serving clients across Ontario in-person and virtually, wherever you’re located

Call us at 1-855-821-5900 or request a callback through our online form.