Everything You Need To Know About Truck Accident Claims In Ontario

Motor vehicle accidents involving large commercial trucks can cause life-changing injuries. In a single moment, you may be facing hospital visits, time away from work, vehicle damage, and serious worries about how you will support yourself and your family.

Ontario has specific rules for both commercial trucking and motor vehicle insurance. That means truck accident claims often look different than a typical car crash claim. There may be more than one at-fault party, higher insurance limits, and more complex investigations. The province also imposes strict commercial vehicle safety requirements for trucks and their operators under the Highway Traffic Act and related regulations.

If you were hurt in a truck accident anywhere in Ontario, it may help to understand how Accident Benefits work, tort claims, what deadlines apply, and how a Toronto truck accident lawyer can assist you as you seek compensation.

Why Are Truck Accident Claims Unique in Ontario?

Collisions with large commercial motor vehicles are not just “big car accidents.” They often involve vehicles that can weigh 10–20 times more than a passenger car. In addition, truck crashes frequently concern professional drivers and companies that must follow national and provincial commercial vehicle safety rules, including hours-of-service, inspections, and maintenance obligations. In many cases, there are also multiple potentially responsible parties, such as the truck driver, the trucking company, the vehicle owner, a broker, a shipper or loader, a repair facility, or even a parts manufacturer.

Because of these factors, truck accident claims often require a careful review of logbooks, electronic data recorders, maintenance records, cargo documents, and collision reconstruction evidence. A lawyer who regularly handles commercial truck claims will know how to request and preserve this information before it is lost or destroyed.

What You Should Know if You’ve Been Injured in a Truck Accident in Ontario

You May Be Entitled To Statutory Accident Benefits

If you were injured in a truck accident involving a motor vehicle in Ontario, you may qualify for Statutory Accident Benefits. These benefits are available on a “no-fault” basis under the Statutory Accident Benefits Schedule, which means you may be entitled to certain benefits even if you were partly or fully at fault for the collision.

Accident Benefits may be available if you were driving your own vehicle during the accident, you were a passenger in a vehicle hit by a truck, or you were a pedestrian or cyclist hit by a truck or other motor vehicle.

In most cases, you first claim coverage through your own auto insurer under the Ontario Automobile Policy. If you do not have your own insurance, you may claim through another household member’s policy, the at-fault vehicle’s insurer, or, in limited situations, the Motor Vehicle Accident Claims Fund.

Standard Accident Benefits typically include:

• Medical and Rehabilitation Benefits provide funding (above OHIP or private benefits) for reasonable and necessary treatment such as physiotherapy, chiropractic care, psychological therapy, medication, and assistive devices. Standard policies provide up to 65,000 dollars in combined Medical, Rehabilitation, and Attendant Care coverage for non-catastrophic injuries and up to 1 million dollars for catastrophic injuries, with optional higher limits available.
• Attendant Care Benefits provide contributions toward the cost of hiring someone to assist with personal care if you cannot manage on your own.
• Income Replacement Benefits offer a partial income benefit if you cannot work because of your injuries. The standard benefit is 70 percent of your gross weekly income, up to $400 per week, unless you purchased optional higher coverage such as $600, $800, or $1,000 per week.
• Non-Earner Benefits provide a weekly benefit if you were not working at the time of the crash, but your injuries prevent you from carrying on your normal daily activities.
• Caregiver, Housekeeping, and Home Maintenance Benefits; in limited situations, particularly for catastrophic impairments or if optional coverage is in place, you may qualify for additional support.
• Other Expenses, Death, and Funeral Benefits cover certain out-of-pocket expenses, as well as lump-sum payments to eligible family members in fatal cases.

Many soft-tissue injuries are treated under Ontario’s Minor Injury Guideline (MIG), which sets a specific funding cap for minor sprains, strains, and whiplash-associated disorders. More serious injuries may fall outside the MIG and can access the higher non-catastrophic or catastrophic limits described above.

Because the amounts and rules can be confusing, it can be helpful to review your policy and speak with a Toronto accident benefits lawyer about what coverage may be available to you following a truck accident in Ontario.

Time Limits Apply to Truck Accident Claims

Strict time limits apply after a truck accident in Ontario. Missing a deadline can affect your ability to receive benefits or sue an at-fault party.

For Accident Benefits under the SABS, you generally need to notify your insurer within 7 days of the accident occurring, or as soon as reasonably possible, and advise that you intend to apply for Accident Benefits. You will also need to submit your completed Application for Accident Benefits (OCF-1) within 30 days of receiving it, unless you have a reasonable explanation for the delay.

For lawsuits, Ontario’s Limitations Act, 2002 typically gives you two years from the date your claim is “discovered” to start a court action. In most motor vehicle cases, this will be close to the date of the accident.

There are also special rules and notice periods in situations involving hazardous road design, defective maintenance, or ice and snow on a municipal road or highway, where short written notice periods may apply. In addition, cases involving minors or persons without legal capacity, where the limitation period may be paused until a litigation guardian is appointed.

Because limitation rules are technical and there can be exceptions, it is important to seek legal advice promptly after a truck collision so you understand what timelines apply in your specific circumstances.

You May Be Eligible to Pursue Additional Compensation Through A Tort Claim

Accident Benefits are only one part of the picture. If another driver or party was at fault for the truck accident, you may have the right to pursue a separate lawsuit, known as a tort claim, for additional compensation.

When evaluating liability, depending on the circumstances, you may hold the truck driver, trucking company, commercial motor vehicle operator, vehicle owner or lessee, maintenance or repair contractor, or shipper, broker, or loading company responsible.

When you file a tort claim, you may seek damages for:

• Pain and suffering (non-pecuniary damages).
• Past and future loss of income and earning capacity.
• Future care costs and rehabilitation beyond Accident Benefits limits.
• Out-of-pocket losses not covered elsewhere.
• Certain family member claims under Ontario’s Family Law Act.
• And possibly more.

Motor vehicle tort claims, including truck accident lawsuits, are subject to special rules under the Insurance Act and O. Reg. 461/96. To recover for pain and suffering, your injuries must meet a legal “threshold” for permanent serious impairment, and any award will be reduced by a statutory deductible unless it exceeds a specific indexed amount.

FSRA updates these thresholds and deductibles every year. In 2025, the indexation percentage was 1.6 percent, and the non-pecuniary threshold and deductible for motor vehicle claims were set at just over 155,000 dollars and about 46,790 dollars, respectively.

This system means that even in serious truck accidents, insurers may argue about whether your injuries meet the threshold and how much should be deducted from any pain-and-suffering award. A lawyer familiar with calculating damages after a truck accident can help estimate the potential value of a claim and how these rules might apply.

You Have The Right To Hire A Lawyer After Your Accident

You have the right to hire a lawyer to help with both your Accident Benefits claim and any tort lawsuit. Many people find this helpful after a truck accident because they are already juggling medical care, family responsibilities, and time away from work.

At Preszler Injury Lawyers, our truck accident lawyers can explain how Accident Benefits and tort claims interact and help you avoid steps that might harm one claim while pursuing the other. We will also make sure your insurer receives all required forms and medical information on time.

When it comes to building your case, our lawyers will gather evidence from the trucking company and other parties, including driver logs, electronic data, maintenance records, witness statements, and police reports. We can also work with collision reconstruction experts and medical specialists where appropriate.

To help you obtain a fair settlement, our truck accident lawyers can negotiate with multiple insurers and defence lawyers on your behalf and, if necessary, take your case to court.

How Ontario Trucking Regulations And Insurance Rules May Affect Your Claim

Truck accident claims in Ontario are shaped by a mix of provincial and federal rules that apply specifically to commercial vehicles. Understanding these rules can help explain why your claim may involve more investigation and more potential defendants than a typical car accident.

Commercial trucks and their operators must comply with Ontario’s commercial vehicle safety requirements, including regular inspections, safe loading, hours-of-service limits, and record-keeping obligations under the Highway Traffic Act and related regulations. Carriers that operate trucks are also monitored through Ontario’s Commercial Vehicle Operator’s Registration (CVOR) system, which tracks collisions, inspections, and convictions and can affect a company’s safety rating.

These rules exist alongside national standards overseen by Transport Canada, such as requirements for electronic logging devices (ELDs) and hours-of-service limits for federally regulated carriers. When a serious truck collision happens, investigators and lawyers often examine:

• Driver logbooks and electronic logging device data.
• Pre-trip inspection reports and maintenance records.
• Brake, tire, and lighting conditions at the time of the crash.
• Cargo documentation and loading procedures, especially if shifting or falling cargo played a role.

If a trucking company or driver has ignored safety rules or has a poor CVOR record, that evidence may support a finding of negligence. In some cases, it may also justify claims for negligent hiring, training, or supervision against the carrier in addition to the at-fault driver.

Insurance rules are another important difference. Commercial trucks often carry higher third-party liability limits than standard personal vehicles, and some may have layered coverage with multiple insurers. The Insurance Act and standard Ontario Automobile Policy still apply, but commercial policies can include special endorsements and excess coverage that affect how settlement negotiations proceed. Identifying all potentially responsive policies can be critical in serious injury cases where future income loss and care costs may be substantial.

Because of these regulatory and insurance complexities, working with a Toronto truck accident lawyer who understands commercial vehicle cases can help ensure important records are preserved early and that all potential sources of recovery are properly explored.

Talk To A Toronto Truck Accident Lawyer Today

Being injured in a truck accident in Ontario can affect every part of your life. You should not have to navigate Accident Benefits forms, strict deadlines, and complex trucking regulations on your own.

If you or a loved one has been hurt in a collision involving a commercial truck or other large vehicle, you can contact Preszler Injury Lawyers for a free, no-obligation consultation. A member of our legal team can review what happened, explain your potential rights under Ontario’s Accident Benefits and tort system, and discuss how we may be able to help you pursue fair compensation.

Call 1-888-608-2111 or reach out online today to speak with a Toronto truck accident lawyer. There are important time limits for starting claims, so it is recommended to get tailored legal advice as soon as possible.

We’re here to help.