Ontario Accident Benefits After a Truck Crash
Every person injured in a motor vehicle accident in Ontario can access no-fault accident benefits — no matter who was at fault. Here's how they work, and how we make sure you get everything you're entitled to.
After a truck crash, most Ontarians are surprised to learn their claim has two separate parts. Understanding both is the key to a full recovery — financially as well as physically.
The two parts of an Ontario truck accident claim
1. Accident benefits (no-fault). These come from an auto insurer under the Statutory Accident Benefits Schedule (SABS) and are available regardless of who caused the crash. They exist to get your treatment and income support going right away.
2. The tort claim (fault-based). This is a claim against the at-fault truck driver, trucking company and any other responsible party, for losses that go beyond your accident benefits — including pain and suffering and future losses.
Because these run on separate tracks and separate deadlines, it's easy for an unrepresented person to leave money on the table. We manage both together so nothing falls through the cracks.
What accident benefits can cover
- Medical & rehabilitation — treatment, therapy, assistive devices and related costs.
- Income replacement — a portion of lost income if you can't work because of the crash.
- Attendant care — help with daily living for those who need it.
- Non-earner benefits — for those who qualify but weren't employed at the time.
- Other expenses — such as caregiving, housekeeping and certain out-of-pocket costs, depending on eligibility and coverage.
Key Ontario deadlines to know
| Step | General timeline* |
|---|---|
| Notify the accident-benefits insurer | Within 7 days of the crash (or as soon as practicable) |
| Submit your accident-benefits application (OCF-1) | Within 30 days of receiving the forms |
| Written notice to an at-fault driver's insurer (tort) | Within 120 days |
| Notice for claims involving a municipality (e.g., road condition) | As little as 10 days |
| Start a lawsuit (limitation period) | Generally within 2 years |
*General guidance only — deadlines depend on your specific circumstances and can be shorter. This is not legal advice. Confirm the limits that apply to you with a lawyer as soon as possible.
Answers
Ontario accident benefits — frequently asked questions
What are accident benefits in Ontario?
Accident benefits are no-fault benefits available to anyone injured in a motor vehicle accident in Ontario, under the Statutory Accident Benefits Schedule (SABS). Because they're no-fault, you can access them regardless of who caused the crash. They can cover medical and rehabilitation treatment, income replacement, attendant care, and other costs while you recover.
Can I get accident benefits if the truck driver was at fault, not me?
Yes. Accident benefits are paid by your own auto insurer (or another insurer under Ontario's rules) no matter who was at fault. They are separate from any claim you make against the at-fault truck driver or trucking company. You can pursue both at the same time.
What is the difference between accident benefits and a lawsuit?
Accident benefits are the no-fault benefits from an insurer for treatment, income and care. A lawsuit (a 'tort claim') is a separate claim against the at-fault party for damages like pain and suffering, lost income beyond what benefits cover, and future care costs. Serious truck-crash cases usually involve both, and we handle them together.
How much are Ontario accident benefits worth?
It depends on your injuries and the coverage in place. Standard benefits provide set limits for medical/rehabilitation and, where eligible, income replacement, with much higher limits available for injuries that meet the 'catastrophic impairment' definition. Optional coverage that a policyholder purchased can increase these amounts. We review the available coverage as part of your case.
How long do I have to apply for accident benefits?
Deadlines are short. You generally must notify the insurer within 7 days of the accident (or as soon as practicable) and submit the completed application (the OCF-1) within 30 days of receiving the forms. Missing these timelines can jeopardize your benefits, which is why getting help early matters.
What is a catastrophic impairment?
It's a category under the SABS for the most severe injuries — such as serious brain or spinal cord injuries, amputations, or profound loss of function. Meeting this definition unlocks significantly higher benefit limits. Establishing catastrophic status requires specific medical evidence, and it's one of the most valuable things a lawyer can help with in a serious truck case.
Not sure what benefits you qualify for? Find out for free.
We'll review your accident, explain exactly which benefits and claims apply to your situation, and handle the paperwork and deadlines for you. No cost, no obligation.