Graham Bennett, Lerners LLP (Kitchener)
I was called to the Bar in 1993, not long after Ontario drastically changed the way injured accident victims obtain compensation from at-fault motorists. The 1990 reforms gave us the “threshold” system – under which only the more seriously injured may sue for their pain and suffering – and it has been with us ever since, through a series of revisions, few of which have benefited the accident victim. So when I say that July 1, 2026 brought the most significant change to auto insurance benefits in a generation, I say it with some perspective. Most of the no-fault benefits that used to come standard with every policy are now optional extras. What you should do after a collision hasn’t changed much. What you can expect from your own insurer may have changed a great deal.
Step one: look after yourself
Some things the reform did not touch. Stay at the scene, call 911 if anyone is hurt, and get medical attention even if you feel “mostly fine.” Adrenaline is a remarkable painkiller, and soft-tissue, concussion, and psychological injuries often surface days later. Seeing a doctor early protects your health first, and it also creates a record of your injuries – something every insurance claim and lawsuit will eventually depend on.
Step two: notify your insurer promptly
Accident benefits in Ontario are no-fault: you claim them from your own insurer, regardless of who caused the collision. The Statutory Accident Benefits Schedule generally requires notice to the insurer within seven days, or as soon as practicable after that, and the completed application within the prescribed time. Missed timelines don’t always end a claim, but they can complicate and delay it at exactly the moment you need support.
Step three: find out which benefits apply to you
Your benefits depend on the policy in force on the day of the accident, and this is where the July 1, 2026 legislative changes matter.
If your accident happened before July 1, 2026, nothing changes: the former regime governs your claim. If your existing policy renewed after that date and you gave no written instruction to remove benefits, your previously purchased optional benefits generally carry on, though the premium may be adjusted. However, as of July 1, 2026, the eligibility rules for optional benefits changed. If, however, you bought a new policy after July 1, 2026, only three benefits are included automatically: medical, rehabilitation, and attendant care.
Everything else is now optional, and exists only if it was purchased: income replacement benefits (with limits commonly offered up to $1,000.00 per week if you cannot work), non-earner benefits (commonly $185.00 per week), caregiver benefits, housekeeping and home maintenance, damage to personal items, death and funeral benefits, lost educational expenses, and visitor expenses. The dollar limits are no longer fixed by the regulation itself: each benefit is now capped at the amount fixed by the option you purchase.
There is a further wrinkle. Optional benefits are generally available only to the named insured, their spouse and dependants, and drivers listed on the policy. Pedestrians, cyclists, and passengers without their own policies may find considerably less coverage available than they would have a year ago.
One genuine improvement (and possibly the only one) deserves a mention: your auto insurer is now the first payer for medical and rehabilitation expenses (medication excepted). For those expenses you no longer need to exhaust your workplace or private health plan first; for medication, your health plan still pays first.
Step four: don’t forget the lawsuit
Accident benefits are only half the picture. If someone else caused the collision, you may have a claim against them – for pain and suffering, income loss, future care costs, and losses suffered by your family. That “tort” claim has always mattered. Under the new regime it may matter more than ever: for an injured person whose policy has no income replacement benefits (and no short or long-term disability coverage), a lawsuit may become the only way to recover income losses from the at-fault driver or through the automobile insurance system.
Deadlines apply here too. Most Ontario claims must be started within two years, and some – a claim against a municipality over a road in disrepair, for example – carry written notice requirements measured in days, not years. This is not an area for waiting to see how things go.
Step five: get advice early
Gather what you can: photographs, witness names, the police report number, your certificate of insurance, and receipts for every accident-related expense. Then talk to a personal injury lawyer – early, and before you give any statement to the other driver’s insurer. Most personal injury lawyers, ours included, offer a free initial consultation. At minimum you will leave knowing what coverage you actually have, what deadlines you face, and whether a lawsuit is worth pursuing.
And before your next auto policy renewal
The best time to fix your coverage is before you need it. When your renewal arrives, sit down with your broker and ask precisely which optional benefits you have. The cost of adding them is often modest; the cost of discovering their absence from a hospital bed is not.
This article shares general information and insights. It is not legal advice and reading it does not create a solicitor–client relationship.
Graham Bennett is a trial lawyer in the Kitchener office of Lerners LLP and a Law Society of Ontario Certified Specialist in Civil Litigation. He has acted for injured people and their families for more than thirty years. He can be reached at gbennett@lerners.ca or 226-444-4414.