Car Accident Claim Time Limit Ontario: Insurance Claim Time Limit Guide

Understanding the car accident claim time limit Ontario follows is necessary for ensuring you don’t miss important deadlines. If you’re pursuing a legal claim, the statute of limitations should be known and followed. Luckily, this page will help you understand the specific time limits for reporting accidents and filing lawsuits, ensuring that you protect your rights and stay within the required timeframes.

It’s essential to act quickly to avoid complications with your insurance or legal proceedings.

Car accident claim time limit Ontario

In Ontario, you must report a car accident to your insurance provider within seven days. Additionally, the legal statute of limitations to file a claim is generally two years from the date of the accident. It’s important to meet these deadlines to avoid complications with your claim.

After an accident, it’s important to understand what to do after a car accident to protect your rights and ensure that all legal and insurance requirements are fulfilled. This includes reporting the incident promptly, documenting the scene, gathering information, and seeking medical attention. Taking swift action for your injury case helps prevent delays or denials in your insurance claim and allows for proper compensation for any injuries or damages.

How long after an accident can you make a claim in Ontario?

You should reach out to your insurance provider immediately after an accident, ideally within 24 hours, to start your claim process. While the legal statute of limitations allows up to two years to file a claim, waiting can complicate matters. How long after a car accident can you claim injury? Well,  you should know that acting quickly not only ensures you meet any deadlines but also allows for a smoother claims process and better access to compensation for medical expenses and damages.

Contacting your insurance company in Canada as soon as possible gives you the best chance to secure the proper documentation for the common car accident injuries you sustained, as well as evidence and medical assessments necessary for your injury claim. Acting swiftly also helps with obtaining accident benefits and compensation for any injuries that may develop over time.

Statute of limitations car accident rules & exceptions

The statute of limitations in Ontario refers to the timeframe within which you can file a claim following a car accident. It’s essential to understand these rules and any applicable exceptions to protect your right to pursue compensation. If you miss the deadline, your case may be dismissed, and you could lose the opportunity to recover damages.

General Statute of Limitations Rules

The standard statute of limitations Ontario abides by for filing a personal injury claim after a car accident is two years from the date of the accident. This rule applies to most cases involving various types of car accidents, including collisions resulting in injury or property damage. It’s important to act quickly, as delays could complicate gathering the necessary evidence, such as medical documentation or accident reports.

For insurance purposes, you are generally required to notify your insurance provider within seven days of the accident to initiate the claims process. This includes providing details of the causes of car accidents, damage assessments, and relevant documentation.

Exceptions to the Statute of Limitations

While the two-year rule is standard, several exceptions can extend or shorten the time limit:

1. Injuries That Aren’t Immediately Apparent
   Some injuries, such as internal injuries or psychological trauma, may not be immediately detectable after the accident. In these cases, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered. This is known as the “discovery rule.”
2. Minors and Incapacitated Individuals
   If the injured party is a minor (under 18 years old) at the time of the accident, the statute of limitations doesn’t begin until they turn 18. This provides additional time for minors to file a claim. Similarly, if an individual is mentally incapacitated, the statute of limitations may be paused until they regain the capacity to file a claim.
3. Claims Against Municipalities
   If your accident involves a municipal entity (such as a collision caused by poor road maintenance), you are required to provide written notice of your intent to file a claim within 10 days of the accident. Failure to do so can limit your ability to pursue compensation, though exceptions may apply in cases where it was not reasonably possible to meet this deadline.
4. Wrongful Death Claims
   If a car accident results in a fatality, the family members of the deceased generally have two years from the date of death to file a wrongful death claim. However, this period may also be subject to the discovery rule if the cause of death or the party responsible is not immediately clear.

Key takeaways on the car insurance claim time limit in Ontario

In Ontario, it’s best to report a car accident to your insurance provider within seven days to meet the accident claim time limit. For personal injury claims, the statute of limitations typically gives you two years to file a claim. This limitation period applies to most motor vehicle accident claims under Ontario injury law.

If you fail to file your claim within this limitation period, you risk losing the opportunity to pursue compensation for your injury and associated damages. Consulting a notable personal injury lawyer can help ensure you meet the necessary deadlines and properly handle the law when you pursue your claim. 

If you need assistance or have questions about filing a claim, contact our car accident lawyer Ottawa law firm, we can provide a free consultation to discuss your case with an experienced personal injury lawyer. We can help you understand the legal limitation period and ensure that your rights are protected.

Justin A. Villeneuve

Partner

Justin is a fully bilingual lawyer and services clients in both French and English. He represents parties in insurance disputes, personal injury claims, and employment disputes at various levels of courts in Ontario. He was given early acceptance to the Common Law program at the University of Ottawa Law School. He obtained his Juris Doctorate in 2014 and was admitted to the Law Society of Upper Canada in 2016 after articling at Weaver Simmons in Sudbury, Ontario.

Education

University of Ottawa – Common Law