How Long Do You Have to Sue After a Car Accident in Ontario?
This page is general information for people in Ontario. It is not legal advice, and Law HelpLine is not a law firm. Laws and deadlines change and every situation is different, so check your own facts with a licensed lawyer or paralegal.
Several different deadlines can apply after a car accident in Ontario. Missing one can limit your options, so it helps to know them early.
Tell your insurer within 7 days
You should notify your own insurance company that you intend to claim accident benefits no later than the seventh day after the accident, or as soon as practicable after that. The regulation says missing a time limit does not remove your benefits if you have a reasonable explanation, but do not count on that.
Accident benefits forms: 30 days
Once your insurer sends the application forms, you generally have 30 days to complete and return them.
Suing the at-fault driver: two years
A lawsuit for injuries generally must be started within two years of the accident under the Limitations Act, 2002. Accident benefits are separate from this lawsuit.
Exceptions
- Discoverability. If an injury was not apparent right away, the clock may start when it was discovered.
- Children and people without capacity. The period may not begin until they reach 18 or gain capacity.
- Municipalities. A claim about road or sidewalk conditions can require written notice within 10 days.
Practical advice
Write down the date of the accident, set reminders and keep every letter from your insurer. Speak to a personal injury lawyer soon after the accident, because evidence is easier to preserve early.
Finding a lawyer or paralegal
Law HelpLine is an independent legal information website. We are not a law firm and we do not give legal advice. To find a licensed lawyer or paralegal, use the Ontario government’s Find a lawyer or paralegal page or the Law Society of Ontario directory at lso.ca. If you are in danger, call 911.