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Car Accidents in Ontario

Accident Benefits

Personal Injury

Traffic Tickets Defense

MAKING AN INSURANCE CLAIM

When you are involved in an accident involving personal injury or property damage, you need to report it to your agent, broker, or insurance company within seven days, regardless of who is at fault. If you are unable to report it within seven days, report it as soon as possible after that. If you don’t report your accident within a reasonable amount of time, your insurance company may not have to honour your claim.

Preventing further loss

If you are involved in a car accident, you are responsible for protecting your vehicle from further loss or damage. The insurer, however, will pay for the damage if you have purchased Collision or All Perils coverage. You must not order repairs, other than those needed for protection of the vehicle from further loss or damage, until the insurer has consented or has had a reasonable amount of time to inspect the damage.

You cannot simply abandon a wrecked vehicle to the insurer without the insurer's consent. However, when your insurer has replaced or paid for a wrecked vehicle, the wreck or whatever is left of it (salvage) belongs to the insurer.

You must not voluntarily assume liability (responsibility) for any collision or settle any claim, except at your own cost.

Read your policy

It’s a good idea to sit down and thoroughly read your Ontario Automobile Policy. It provides specific details about your insurance coverage, your rights and your responsibilities under the contract. If you do not have a copy of the Ontario Automobile Policy, ask your insurance agent, broker, or claims adjuster for a copy, or visit FSCO’s Automobile Insurance website at: www.autoinsurance.gov.on.ca to download a copy. The claims process will be easier to understand if you know the details of your coverage and your responsibilities.

Claiming Your Injuries

Please note that Personal Injury Ontario specializes in assisting our clients with the insurance claim process pertaining to injuries sustained as a result of a car accident. After your initial report of your car accident, it is strongly advised that you let a professional handle the rest of the claim process.

After you have reported the car accident and damages to personal property, if you are injured, you are also required to report your injuries to the insurer. Most of the correspondence which takes place between your insurance company and the legal representative you have retained to assist you with your insurance claim happens via OCF forms. These forms contain the necessary information and are regulated by the FSCO.

The following are initial forms which must be sent out to you insurer in order to start the insurance claim related to your injuries. By law, however, your insurance company must provide you with these forms, and you have 30 days to complete them after you have received them. If you have a legal representative, he or she will aid you with filling out these forms correctly.

  • Application for Accident Benefits (OCF-1) – Download PDF
    • Fill this form out when you are applying for benefits for the first time as a result of your car accident. This initial form is what gets your insurance claim started.
  • Employer’s Confirmation of Income (OCF-2) – Download PDF
    • If you are planning on claiming Income Replacement Benefits, your insurance company will ask you to fill this form out. This form must be filled out by you and your employer. If you had more than one employer in the past 52 weeks, it may be necessary to fill out more than one OCF-2 form.
  • Disability Certificate (OCF-3) – Download PDF
    • For your insurance claim, as proof of your injuries, this form must be filled out by you and your health practitioner. This form described the injuries you have suffered as a result of your car accident.
  • Permission to Disclose Health Information (OCF-5) – Download PDF
    • In order to process your insurance claim, your insurer will ask you to fill out this form. They will use this form in order to obtain your previous medical information in order to determine your eligibility to accident benefits.

For more information on insurance claims, or if you require assistance with an insurance claim please fill out our contact form.

WHAT HAPPENS AFTER YOU FILE AN INSURANCE CLAIM

Once your accident is reported, you or your legal representative will be contacted by the insurance claims adjuster assigned to your file.

In some cases the adjuster will want to meet with you in person; in other cases the entire insurance claim will be handled over the telephone. To support your insurance claim, you may also be required to complete an insurance claim form, also known as a Proof of Loss form (a sworn statement in support of your claim).

Your legal representative will correspond with the adjuster to determine the extent to which the insurance claim is covered by your insurance policy, explain the coverage provided by your policy, and help guide you through the entire claims process. If you have any questions or if there is something about your policy or insurance claim that you don’t understand, ask your legal representative to clarify it for you.

Again, please keep in mind that the insurance claims relating to property damage and insurance claims relating to injuries as a result of the accident are two different claims.