Can I Still Make a Claim if the Accident Was My Fault in Ontario?

At Preszler Injury Lawyers, our team hears very often: “I was involved in an accident, but it was

my fault. I have no claim, Right?”

It makes sense intuitively. If you caused the accident, who are you going to sue? Most people assume the analysis ends there. However, that is not how the system works in Ontario. The real question is not whether you have a claim; It’s what kind of claim you have and what compensation may still be available to you.

An experienced car accident lawyer, including our Toronto car accident lawyers at Preszler Injury Lawyers, can investigate motor vehicle collisions and fault to help clients identify whether they may still be eligible to file a claim.

Types of Car Accident Claims in Ontario

Ontario’s motor vehicle insurance scheme is structured in a way that many people do

not fully understand until they need it. In Ontario, car accident claims fall into two broad categories:

1. Statutory Accident Benefits claims; and
2. Tort claims.

These are separate streams. They serve different purposes. They operate under different rules.

Tort Claims

A tort claim is what most people think of when they think of a lawsuit. It is a claim against an at-fault party. If someone rear-ends your vehicle and you suffer injuries, you may sue that driver for damages. Those damages can include pain and suffering, past and future income loss, future care costs, housekeeping loss, and other recognized heads of damage.

Tort claims take time. Liability must be determined. Medical evidence must be gathered.

Experts may be retained to offer opinions. Examinations for discovery should take place. Often, mediation is then scheduled. Sometimes a trial date is years away. Compensation through a tort claim is rarely immediate and may take time to settle.

Statutory Accident Benefits Claims

The other stream is the Statutory Accident Benefits system. These benefits are available to injured motorists regardless of fault.

They are claimed through an insurer, typically your own. Whether you sue another driver has no impact on your entitlement to these benefits. That is why they are commonly referred to as no-fault benefits.

What Are No-Fault Benefits?

After an accident in Ontario, you are entitled to apply for certain benefits through an insurance company. You can do so even if you were entirely responsible for the collision.

If you rear-end a vehicle on Highway 401 and suffer injuries yourself, you can still apply

to your insurer for accident benefits. Your fault does not eliminate your entitlement.

The main categories of benefits and coverage include the following:

Medical and Rehabilitation Benefits

These benefits cover treatment that is reasonable and necessary as a result of the accident. This can include physiotherapy, chiropractic care, massage therapy, psychological treatment and other approved services.

If your injuries fall within the Minor Injury Guideline, the limit is $3,500. If your injuries are not subject to the Minor Injury Guideline, the combined limit for medical and rehabilitation benefits, together with attendant care benefits, is $65,000 paid out over five years following the accident.

If you are found to be catastrophically impaired, that limit increases to $1 million for life under

a standard policy.

The classification of your injuries matters. Whether an insurer places you within the Minor Injury Guideline can significantly affect the treatment funding available to you.

Attendant Care Benefits

Attendant care benefits are designed to cover assistance with personal care needs. This can include support with dressing, bathing, mobility and other daily living tasks.

For injuries that are not minor, the combined limit with medical and rehabilitation benefits is $65,000 over five years. For catastrophic impairment, the combined limit is $1 million for life under a standard policy.

Attendant care benefits are often misunderstood. They are not limited to hospital-level care. In appropriate cases, family members may even be compensated for providing care, subject to the regulatory requirements.

Income Replacement Benefits

If you cannot work because of the accident, you may be entitled to income replacement

benefits, even if you were at fault.

Under a standard policy, the maximum is $400 per week, provided you meet the statutory test for disability. This test is specific and requires medical support. It is not enough to say you are experiencing pain. Income replacement benefits are payable after a one-week waiting period and can continue for extended periods, subject to meeting the ongoing disability definition.

As of July 1, 2026, income replacement benefits will no longer be automatically included in all standard policies. This is a fundamental shift from how it worked in the past. They will be

available as optional coverage. That means some drivers may not discover they lack this benefit until after an accident occurs.

Additional Optional Benefits

Policyholders can purchase additional optional benefits. These may include higher income replacement limits, caregiver benefits, or housekeeping benefits.

Housekeeping benefits are automatically available only in catastrophic cases under a standard policy. In other cases, they must be purchased as optional coverage.

Many people never review their policy in detail. They assume coverage exists. That assumption can be costly.

Why Early Advice About Car Accident Claims Matters

Accident benefits are available immediately following a motor vehicle accident to all injured parties, regardless of fault. Tort compensation is not. Medical treatment often needs to begin quickly. Income loss can create immediate financial pressure. Accident benefits are intended to address those short-term needs.

That said, the accident benefits system is highly regulated. There are forms to complete, timelines to meet and definitions that must be satisfied. Insurers may request assessments. They may also dispute your disability or attempt to classify your injuries as minor.

Disputes regarding accident benefits are addressed through the Licence Appeal Tribunal process. That is a separate adjudicative framework from the civil courts. Understanding the distinction between these systems is critical. An experienced Toronto Statutory Accident Benefits lawyer can help you take action early to protect your claim.

Involved in a Car Accident That Was Your Fault? You May Still Be Eligible for Benefits

If you were involved in an accident and believe it was your fault, do not assume you have no claim. You may not have a viable tort claim if you are entirely responsible. However, you may still have substantial entitlement under the Statutory Accident Benefits system. Those benefits can include treatment funding, attendant care support, income replacement, and optional coverage, depending on your policy.

The framework is technical. It requires careful navigation. Early legal advice can ensure

that benefits are accessed properly and disputes are addressed promptly.

The question is not simply whether you were at fault. The question is what compensation remains available to you under Ontario law and whether you are taking the necessary steps to secure it. To learn about claim options for your situation, contact Preszler Injury Lawyers today.

We’re here to help.