Car Accidents

Accident Benefits in Ontario: What You’re Entitled to Under the SABS

Car crash scene showing vehicle damage after a motor vehicle accident in Ontario, likely resulting in motorists accessing their accident benefits ontario.

If you are injured in a car accident in Ontario, you’re likely entitled to accident benefits—whether you are at fault or not.

You can access these benefits through Ontario’s Statutory Accident Benefits Schedule (SABS), which helps cover lost income, medical expenses, and recovery support. But most people don’t know what they qualify for—or how to claim it.

In this guide, we’ll explain how accident benefits in Ontario work, what’s covered, and what to do if your insurance company denies your claim.


What Is the Statutory Accident Benefits Schedule (SABS)?

SABS is short for Statutory Accident Benefits Schedule—a regulation under Ontario’s Insurance Act. It outlines the minimum benefits that your auto insurance must provide if you’re injured in a crash.

💡  Key Takeaway: Even if you caused the accident, you’re still eligible for accident benefits under Ontario’s no-fault insurance system.

Who Can Get Accident Benefits in Ontario?

You can apply for SABS if you are:

  • A driver, passenger, cyclist, or pedestrian injured in an accident involving a vehicle
  • A family member or dependent of someone injured or killed in an accident
  • Someone injured while working, depending on WSIB eligibility

You must have either an auto insurance policy or coverage under someone else’s.


What Do Accident Benefits Cover?

Accident benefits help you recover physically and financially after a crash. Here are the main types of benefits available:

  1. Income Replacement Benefit
    If your injuries prevent you from working, you can receive up to 70% of your gross income, to a maximum of $400 per week (unless you purchased additional coverage).
  2. Non-Earner Benefit
    If you don’t qualify for income replacement—like students or stay-at-home parents—you may be eligible for $185 per week.
  3. Caregiver Benefit
    Covers the cost of hiring someone to care for dependents if you can no longer do so due to your injuries.
  4. Medical and Rehabilitation Benefits
    Pays for necessary treatments not covered by OHIP, such as:

    • Physiotherapy
    • Chiropractic care
    • Assistive devices
    • Prescription medication
  5. Attendant Care Benefit
    Covers the cost of a personal support worker if you need assistance with daily living activities.
  6. Death and Funeral Benefits
    Offers a lump sum payment to family members and helps cover funeral expenses.
  7. Other Expenses
    May include:

    • Housekeeping and home maintenance
    • Lost educational expenses
    • Transportation to medical appointments

What Forms Do You Need? (OCF Forms)

To apply for accident benefits, you’ll need to complete and submit various OCF forms (Ontario Claims Forms). The most common include:

  • OCF-1: Application for Accident Benefits
  • OCF-3: Disability Certificate
  • OCF-6: Expenses Claim
  • OCF-18: Treatment Plan
  • OCF-19: Determination of Catastrophic Impairment
💡  Pro Tip: Always keep copies and submit the forms as soon as possible—delays can lead to denied claims.

How Long Do You Have to Apply?

You must notify your insurer within 7 days of the accident and submit your completed OCF-1 form within 30 days.

If you’re applying for income replacement or non-earner benefits, you’ll also need your doctor to fill out an OCF-3 Disability Certificate.

Want to Understand All Legal Time Limits After a Car Accident in Ontario?
👉 Read our guide: Car Accident Claim Time Limit in Ontario

What If Your Accident Benefits Claim Is Denied?

It’s common for insurance companies to deny or limit benefits—even when you’re clearly entitled to them.

Common reasons include:

  • “Insufficient medical evidence”
  • “Pre-existing conditions”
  • “Not catastrophic impairment”
  • “You’re not totally disabled”

If your claim is denied, you can:

  1. Request reconsideration
  2. File a dispute with the Licence Appeal Tribunal (LAT)
  3. Speak to a personal injury lawyer
⚠️ You don’t need to accept the insurer’s decision—many claims are reversed when challenged.

How Does Ontario’s No-Fault Insurance Work?

Ontario operates under a no-fault system, which means:

  • You claim accident benefits through your own insurance company, no matter who caused the crash.
  • You can still sue the at-fault driver for damages like pain and suffering, future care costs, or income loss beyond what SABS covers.

Can You Get More Than the Standard Coverage?

Yes. Many drivers purchase optional benefits to increase their:

  • Weekly income replacement (from $400 to $600, $800, or $1,000)
  • Medical and rehab limits
  • Attendant care benefits
  • Housekeeping and caregiving coverage
💡  Check your policy to see what coverage you selected. The basic SABS limits can be too low for serious injuries.

Common Misconceptions About Accident Benefits

“I wasn’t at fault, so I don’t need to use my insurance.”
You always claim accident benefits through your own insurance first.

“My employer benefits will cover everything.”
Group benefits may help, but they don’t replace what SABS provides.

“I can wait to apply.”
Strict timelines apply. Late applications can hurt your claim.


Speak to a Lawyer About Accident Benefits

Accident benefits are complex. Insurers make it difficult to access the full support they owe you—especially if your injuries are serious, long-term, or disputed.

A personal injury lawyer at Samfiru Tumarkin LLP can:

  • Review your entitlement
  • Challenge unfair denials
  • Ensure you access all available benefits
  • Represent you at the LAT if needed
Want to Understand What Your Car Accident Case Could Be Worth?
👉 Read our guide: How Much Compensation You Can Get From a Car Accident Settlement in Ontario

Key Takeaways

  • SABS covers income loss, rehab, care, and other post-accident expenses
  • Ontario’s no-fault system means your own insurance pays first
  • You must apply within 30 days using the correct OCF forms
  • Benefits can be denied or underpaid—but decisions can be appealed
  • Talk to a lawyer if your claim is delayed, denied, or cut off early

FAQs About Accident Benefits in Ontario

👉 What Is the Maximum Accident Benefit Amount in Ontario?
Standard policies provide up to $65,000 for non-catastrophic injuries (medical + attendant care), and up to $1 million for catastrophic injuries, unless you purchased optional coverage.
👉 Can I Sue Even If I Get Accident Benefits?
Yes. You can sue the at-fault driver for additional damages beyond what you benefits cover.
👉 What Happens After 2 Years on Accident Benefits?
Some benefits (like income replacement) continue past 2 years, but only if you’re still considered “completely unable to work” in any occupation. Disputes often arise here.
👉 What Is SABS 34/10?
That refers to O. Reg. 34/10 under the Insurance Act—the legislation that governs accident benefits in Ontario.

Why Choose Samfiru Tumarkin LLP?

We’re not just any personal injury firm. Samfiru Tumarkin LLP has a national reputation for client advocacy and proven results. We take the time to understand your situation and build the strongest possible claim.

  • 💰 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

Free Consultation with a Personal Injury Lawyer Today

Wondering how much your car accident claim in Ontario is worth? Don’t rely on estimates or insurance adjusters. Get real legal advice from a personal injury lawyer in Toronto that’s on your side.

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

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