What to Do After a Serious Car Accident in Canada: A Guide

What counts as a personal injury claim in Canada?

A personal injury claim compensates you for losses when someone else's negligence or a hazardous condition causes harm. Common claims include motor vehicle collisions, slip-and-falls, unsafe premises, defective products, medical malpractice, and certain recreational or sport injuries.

• Negligence basics: You must prove duty of care, breach, causation, and damages. Canadian courts use foreseeability and proximity to assess duty, and the balance of probabilities standard to prove your case.
• Key sources of law: Provincial tort law and Occupiers' Liability Acts govern most non-auto injuries. Auto injuries are heavily shaped by provincial insurance statutes and regulations. Workplace injuries primarily go through provincial workers' compensation systems.
• Who you can sue: The at-fault driver, property owner or occupier, contractors, manufacturers, or other negligent parties. In many workplace scenarios you cannot sue your employer but may sue a negligent third party.
• Compensation heads: Medical and rehab costs, income loss, future care, loss of earning capacity, housekeeping capacity, out-of-pocket expenses, pain and suffering, and family members' dependency or loss-of-guidance claims where statutes allow.

What deadlines apply to injury claims in Canada?

Most provinces have a 2-year basic limitation to sue, with discoverability and tolling for minors or incapacity. Quebec has a 3-year period, and municipalities often require written notice within 7-60 days for road or sidewalk claims.

• Discoverability: The clock generally starts when you knew or ought to have known the injury, the wrongful act, and that a lawsuit is appropriate.
• Ultimate limitation: Some provinces impose an ultimate cap (often 15 years in Ontario) regardless of discoverability.
• Minors and incapacity: Limitation periods are suspended while a person is a minor or lacks capacity unless a litigation guardian is appointed.
• Municipal notice: Short written-notice deadlines apply for claims involving municipal roads, sidewalks, or property. Missing them can bar your claim unless you fall within statutory saving provisions.

Action: diarize the 2-year deadline (3 years in Quebec) and send municipal notices immediately. If a deadline is near, seek legal help right away.

How is fault determined and what compensation can you claim?

Courts decide fault by comparing each party's negligence and assigning percentages. Your compensation covers financial losses and, subject to caps and thresholds, pain and suffering, reduced by your share of fault.

• Fault and causation: The plaintiff proves breach and causation on a balance of probabilities. Causation typically follows the but-for test, with limited exceptions.
• Contributory negligence: Your damages are reduced by your share of responsibility. Not wearing a seatbelt, improper footwear on ice, or ignoring warnings can be factors.
• Heads of damages:
  • Pecuniary: past and future income loss, medical and rehab, future care plans, assistive devices, housekeeping capacity, out-of-pocket costs.
  • Non-pecuniary: pain and suffering, subject to a national cap from the Supreme Court trilogy indexed to roughly the mid CAD 400,000s for catastrophic injuries.
  • Family claims: Many provinces allow family members to claim for loss of guidance, care, and companionship or dependency (for example, Ontario's Family Law Act; Fatal Accidents Acts).
• Province-specific constraints:
  • Ontario motor vehicle tort claims face a verbal threshold for serious and permanent impairment and a monetary deductible on pain-and-suffering awards indexed annually (about mid CAD 40,000, waived if the award exceeds a high threshold).
  • Alberta uses an indexed minor injury cap for certain soft-tissue auto injuries (about CAD 6,000), but non-minor injuries are not capped this way.
  • BC's Enhanced Care model generally bars pain-and-suffering lawsuits for most auto collisions after May 1, 2021, with limited exceptions.
  • Quebec's SAAQ no-fault system bars tort claims for bodily injury from auto accidents; compensation is through SAAQ.

How do motor vehicle accident benefits work by province?

Every province provides first-party accident benefits, but amounts and the right to sue vary. Ontario and Alberta offer robust benefits plus tort claims, while BC, Quebec, Manitoba, and Saskatchewan rely on no-fault care with limited or no pain-and-suffering lawsuits.

• Key Ontario SABS timelines: Give notice to your insurer within 7 days, complete and return the Application for Accident Benefits within 30 days of receiving it, and attend insurer examinations if requested.
• Alberta Section B: Notify your insurer promptly and submit forms and treatment plans within specified periods to access benefits.
• BC, Quebec, MB, SK: Apply directly to the public insurer for benefits and follow internal review and appeal routes if denied.

What should you do immediately after an accident?

Prioritize safety and medical care, document the scene, and notify the right insurer or authority quickly. Act within early notice windows to protect your claim.

1. Get medical attention and follow-up. Ask for copies of ER notes and imaging referrals. Tell providers every symptom, even if mild.
2. Call police for serious collisions or where required by provincial traffic laws. Obtain the motor vehicle accident report number if applicable.
3. Document the scene: photos or video of hazards, lighting, weather, shoe treads, vehicle positions, debris, and visible injuries. Save dashcam or phone metadata.
4. Collect witness names and phone numbers promptly.
5. Preserve evidence: write to the property owner or business asking them to preserve CCTV for the date and time. Request incident reports in writing.
6. Notify insurers:
   • Auto: report to your own insurer right away. For Ontario, give notice within 7 days and submit the SABS application within 30 days.
   • Slip-and-fall: send written notice to the occupier and, where applicable, the municipality within required timelines.
   • Workplace: report to your employer and the workers' compensation board promptly.
7. Track losses: keep a log of missed work, out-of-pocket expenses, mileage to treatment, and how the injury affects daily life and housekeeping.
8. Consult a lawyer early if injuries are more than minor, a deadline is near, or fault is disputed.

How do slip-and-fall and property hazard claims work?

You must show the occupier failed to take reasonable steps to keep the premises safe and that this failure caused your injury. Time-sensitive written notices apply, especially for ice and snow and municipal properties.

• Occupiers' liability: Property owners and those in control owe a duty to take reasonable care to keep people reasonably safe. This includes inspection, maintenance, and timely remediation of hazards.
• Evidence that helps:
  • Photos of hazard, footwear, and surroundings.
  • Maintenance logs, winter service contracts, and sanding or salting records.
  • Weather data and witness statements.
  • Store or building CCTV and incident reports.
• Notices:
  • Ontario private property snow or ice falls: 60-day written notice to the occupier and the winter maintenance contractor.
  • Municipal sidewalks or roads: strict municipal notice rules apply, such as 10 days in Ontario, 21 days in Alberta, and 60 days in BC.
• Defences: Contributory negligence, obvious risk, and reasonable system of inspection. Wearing inappropriate footwear or ignoring warning signs can reduce recovery.

How do workplace injuries and compensation boards operate?

Most workplace injuries go through provincial workers' compensation boards, which provide no-fault benefits and usually bar lawsuits against employers. You can sometimes sue negligent third parties, and each board has its own appeal path.

• Report promptly: Tell your employer and file your worker report within the board's time limits.
• Boards by province:
  • Ontario: WSIB, with appeals to the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
  • Alberta: WCB-Alberta, with internal review and Appeals Commission.
  • BC: WorkSafeBC, with Review Division and the Workers' Compensation Appeal Tribunal (WCAT).
  • Quebec: CNESST, with appeals to the Tribunal administratif du travail (TAT).
  • Other provinces: WCBs with similar structures and timelines.
• Third-party actions: If someone outside your employer caused your injury (for example, a negligent driver or contractor), you may have to elect between a lawsuit and benefits. Get legal advice before electing.
• Benefits: Wage-loss replacement, medical and rehab, vocational rehab, and permanent impairment awards, depending on the province.

How are damages calculated and what are typical settlement ranges?

Damages reflect your specific medical evidence, income loss, and future needs, adjusted for liability issues and province-specific caps or thresholds. Settlement ranges vary widely and depend on proof.

• Key drivers:
  • Medical proof and prognosis, including specialist opinions.
  • Functional impacts on work, housekeeping, and daily living.
  • Vocational and actuarial assessments for future income loss and care costs.
  • Comparable cases in your province and any statutory constraints.
• Reference points:
  • Non-pecuniary damages cap: indexed to roughly the mid CAD 400,000s for the most severe injuries Canada-wide.
  • Ontario auto tort: pain-and-suffering awards face a deductible roughly in the mid CAD 40,000s unless the award exceeds an indexed threshold.
  • Alberta minor auto injuries: pain-and-suffering subject to an indexed cap of about CAD 6,000 for defined soft-tissue cases.
  • BC, Quebec, Manitoba, Saskatchewan auto: generally no pain-and-suffering tort for most collisions under no-fault systems.
• Illustrative (not promises):
  • Non-cat whiplash with several months of symptoms in tort provinces: low five figures for general damages, adjusted by income loss and contributory negligence.
  • Serious fractures or surgeries with residual impairment: mid to high five figures for general damages, plus income loss and care costs.
  • Catastrophic injuries: seven figures when future care and income loss are included, subject to province-specific rules.

How much do personal injury cases cost in Canada?

Most injury lawyers offer contingency fees, so you do not pay legal fees upfront, but you remain responsible for disbursements and potential adverse costs. Expect 20-33 percent contingency fees in many cases, plus HST and expenses.

• Costs protection: Some plaintiffs purchase adverse cost insurance. Ask your lawyer about availability and pricing.
• Settlements: Fees and disbursements are typically paid from settlement proceeds. You receive a closing statement itemizing deductions.

How long will a personal injury claim take?

Straightforward claims can settle within 6-18 months after medical stabilization, while contested tort cases often take 2-4 years to reach trial. Administrative no-fault claims may resolve faster but can still require appeals.

1. Medical stabilization: Wait until your condition plateaus or you have a reliable prognosis. This often takes 6-12 months for moderate injuries.
2. Investigation and notice: Ongoing during the first months. Early preservation letters and municipal notices are critical.
3. Negotiations and mediation: Once evidence is assembled, many cases settle at mediation within 12-24 months.
4. Litigation milestones: Pleadings, discovery, defense medicals, and expert exchanges add 12-24 months. Trial scheduling depends on court capacity.
5. No-fault disputes (BC, Quebec, MB, SK, Ontario SABS): Internal reviews and tribunal appeals can take months to a few years, depending on complexity and backlogs.

What evidence should you collect to strengthen your case?

Collect contemporaneous medical records, scene evidence, witness details, and financial proof of losses. Preserve video and maintenance records early with written requests.

• Medical: ER records, family doctor notes, specialist referrals, physiotherapy records, medication lists, and diagnostic imaging.
• Scene: Photos, weather data, footwear images, and measurements if safe.
• Witnesses: Names, contact details, and short signed statements if possible.
• Financial: Pay stubs, tax returns, employment records, and proof of sick leave or LTD claims.
• Insurer communications: All letters, forms, denial reasons, and adjuster emails.
• For premises cases: Winter maintenance logs, contractor agreements, cleaning schedules, and CCTV retention policies.

Which Canadian laws and authorities commonly apply?

Injury law is provincial. Key statutes and bodies differ by province and by injury type, especially for auto and workplace claims.

• Ontario: Limitations Act, 2002; Insurance Act and Statutory Accident Benefits Schedule; Occupiers' Liability Act; Family Law Act; Municipal Act, 2001; WSIB and WSIAT.
• Alberta: Limitations Act; Insurance Act and Minor Injury Regulation; Occupiers' Liability Act; Municipal Government Act; WCB-Alberta and Appeals Commission.
• British Columbia: Limitation Act; Insurance Vehicle Act and Enhanced Care; Local Government Act; Occupiers Liability Act; WorkSafeBC and WCAT.
• Quebec: Civil Code of Quebec; Automobile Insurance Act (SAAQ); CNESST; Cities and Towns Act.
• Manitoba: The Limitations Act; MPI PIPP; The Occupiers' Liability Act; WCB Manitoba.
• Saskatchewan: The Limitations Act; SGI no-fault and optional tort; The Occupiers' Liability Act; WCB Saskatchewan.
• Atlantic provinces: Limitation statutes with 2-year periods, provincial Occupiers' Liability Acts, Section B auto benefits, and respective WCBs.

What are common mistakes that reduce compensation?

Missing deadlines, weak documentation, and premature settlements are the main pitfalls. Avoid gaps in treatment and be careful with insurer or social media statements.

• Missing municipal notices or limitation periods.
• Stopping treatment early or failing to follow medical advice.
• Accepting quick low settlements before you understand prognosis.
• Posting about activities on social media that contradict reported limitations.
• Not disclosing prior injuries or failing to produce complete income records.
• Ignoring coordination with other benefits such as EI sickness, CPP disability, LTD, or provincial drug coverage.

When should you hire a lawyer or expert?

Hire a lawyer if you have moderate to serious injuries, disputed fault, complex insurance interactions, or short deadlines. Experts such as medical specialists, vocational consultants, and actuaries help quantify losses in larger cases.

• Hire a lawyer when:
  • A municipal notice or limitation is approaching.
  • Insurers deny or cut off benefits or demand examinations you do not understand.
  • Injuries affect work for more than a few weeks, involve surgery, head injury, or chronic pain.
  • There are multiple defendants or a potential third-party workplace claim.
  • You are a minor or lack capacity and need a litigation guardian.
• Experts to expect in larger cases:
  • Treating and independent medical experts to address diagnosis, causation, and prognosis.
  • Functional capacity evaluators and vocational experts for work impact.
  • Life care planners for future care needs.
  • Economists or actuaries to value future losses.

How do you start a claim and what is the process?

Start by notifying insurers and responsible parties, preserving evidence, and gathering medical records. In tort claims, your lawyer will issue a claim, exchange evidence, attend discoveries, and pursue mediation or trial.

1. Notice and intake: Provide written notice to insurers, occupiers, or municipalities. Retain counsel and sign authorizations.
2. Investigation: Collect medical, employment, and liability evidence. Send preservation letters for CCTV and maintenance records.
3. Treatment and rehabilitation: Follow medical advice and document progress and costs.
4. Valuation: Obtain expert reports if needed. Calculate past and future losses with supporting evidence.
5. Negotiation and mediation: Exchange offers. Many provinces use mandatory or common mediation to settle.
6. Litigation steps if needed:
   • Issue and serve the claim within the limitation period.
   • Deliver pleadings, affidavits of documents, and attend examinations for discovery.
   • Defense medical examinations and expert report exchanges.
   • Pre-trial, trial, and potential appeals.
7. Enforcement: When you settle or win a judgment, ensure payment, deductions for fees and disbursements, and releases are handled properly.

What should you know about settlement taxes and benefits offsets?

In Canada, personal injury compensatory damages are generally non-taxable, but related interest and some cost awards can be taxable. Other benefits may offset your recovery or assert reimbursement rights.

• Tax: Pain and suffering, medical costs, and wage loss damages are typically non-taxable, but pre-judgment interest and cost awards may have tax implications.
• Offsets and subrogation: LTD insurers, WSIB, or provincial health plans may seek repayment for amounts they covered. Coordinate to avoid double recovery issues.
• Structured settlements: You can convert part of a settlement into a tax-efficient annuity that pays over time, commonly used in larger cases.

Next steps

Act quickly, document thoroughly, and get advice tailored to your province and injury type. Early strategy often changes outcomes.

• Within 24-72 hours: Get medical care, notify your auto insurer or employer, and take photos and witness details. Send municipal or occupier notice letters if applicable.
• Within 1-2 weeks: Request medical and police records, preserve CCTV, and start a recovery and expense log. Apply for accident or wage benefits.
• Within 30 days: In Ontario, submit your SABS application. In other provinces, complete required insurer forms promptly.
• Within 60-90 days: Consult a personal injury lawyer for case strategy, valuation, and to calendar limitation dates and notices.
• Ongoing: Follow treatment, keep receipts, and avoid inconsistent social media posts.