Even though most of us take driving, and arriving safely at our destination, for granted, car accidents are a daily occurrence.
According to the Ontario Ministry of Transportation, there were 26,426 personal injury collisions on Ontario roads in 2023, up from 23,960 in 2021. At DWA Law, we advocate for motor vehicle accident victims every day. We step in, cut through the red tape, and get our clients what they need to move forward. Let’s break down how to claim bodily injury from a car accident in Ontario and what really makes the difference in these cases.
Step 1: Seek Medical Attention Right Away
If there’s one thing that makes or breaks a bodily injury claim, it’s medical documentation. No matter how severe an injury is, if it isn’t properly documented, the insurance company will argue it doesn’t exist.
Clients often downplay their injuries—especially right after an accident when adrenaline is masking the pain. We tell them the same thing every time: get checked out immediately. After a collision, health is your biggest priority.
Even if you feel okay initially, injuries like whiplash or a concussion can show up later. If an ambulance arrives, let them check you out. If not, head to a doctor or clinic as soon as you can. Keep any medical records, prescriptions, or follow-up instructions. These details are important when dealing with insurance adjusters, who sometimes question how severe injuries really are or whether they stemmed from the collision.
Step 2: Gather Evidence at the Scene
The collision scene is where the case starts—sometimes where it’s won or lost. Collect as much information as you can before leaving the site of the accident. This includes:
- Information From the Other Parties Involved: Full name, contact info, driver’s licence number, insurance policy, and licence plate number.
- Vehicle Descriptions: Make, model, colour, and any visible damage on both vehicles.
- Accident Scene Photos: Capture vehicle damage, skid marks, weather and road conditions, and any relevant traffic signs.
- Witness Information: Names and phone numbers of people who saw what happened. Independent witnesses can help establish who was at fault.
- Accident Report: If police respond, get the officer’s name, badge number, and a copy of the police report. If they don’t come, report the accident at a police station within seven days.
Step 3: Notify Your Insurance Company to Start the Claim Process
Under Ontario’s no-fault insurance system, a client’s own insurance company handles their initial claim for accident benefits. This confuses people—they assume if the other driver caused the accident, they should be dealing with the other driver’s insurance company.
Individuals need to notify their insurer within seven days and submit an Accident Benefits Application within 30 days. Delays give the insurance company an easy reason to deny the claim.
Key coverages under your policy may include:
- Medical Expenses and Rehabilitation Expenses: Covers services like physiotherapy, chiropractic treatments, and prescription medications.
- Income Replacement Benefits: Helps replace lost wages if you can’t work because of your injuries.
- Attendant Care Benefits: Pays for someone to help with daily tasks if needed.
Insurance companies don’t always make it easy. They might dispute the severity of your injuries or question the necessity of certain treatments. A l
ife and critical illness lawyer can protect your interests if any part of your claim is challenged.
Step 4: Understanding Fault and Your Right to Compensation
Even though you file with your own insurance under “no-fault” rules, fault still matters for lawsuits and insurance rates. Determining fault often involves the police report, witness statements, and evidence from the scene. If another driver is to blame, you may be able to sue for greater damages than your policy provides. That might include compensation for ongoing medical needs, pain and suffering, or loss of future income.
A car accident lawyer can evaluate your situation and recommend whether pursuing legal action makes sense for you.
Step 5: If the Insurance Company Denies Your Claim
Insurance companies often focus on minimizing costs. They may argue your injuries aren’t serious, blame pre-existing conditions, or say you can return to work sooner than your doctor recommends. If your claim is denied or significantly reduced, you have the right to push back. Many times, denials get overturned when the right evidence is presented.
Step 6: Maximizing Your Claim with Professional Help
Some clients assume their insurance company will handle everything. Others think they can’t sue because of Ontario’s no-fault system. Both assumptions are incorrect..
If an injury is serious—chronic pain, permanent mobility issues, psychological trauma—the insurance benefits often aren’t enough. That’s when we look at suing the at-fault driver’s insurance company.
Damages can include:
- Pain and suffering – Subject to a threshold and deductible, but significant in serious cases.
- Loss of income – If they can’t return to work, they can seek full wage recovery beyond what insurance covers.
- Future medical care – Long-term rehab, home modifications, mobility aids.
What’s the biggest challenge? Convincing the insurance company that the injuries meet the threshold for pain and suffering claims. They’ll dispute every medical report, argue pre-existing conditions, and offer low settlements. This is where having the right lawyer makes all the difference.
