Car insurance claims in Ontario
Fault rules, deadlines, insurer response times, minimum coverage and the regulator for car insurance claims in Ontario, with every rule cited to its source.
Verified as of September 10, 2026
| Fault system | Hybrid |
|---|---|
| Shared-fault rule | Pure comparative negligence Where the plaintiff’s own fault contributed, «the court shall apportion the damages in proportion to the degree of fault or negligence found against the parties respectively» (Negligence Act, s. 3). Vehicle-damage recovery from your own insurer is likewise «based on the degree of fault» under the Fault Determination Rules (Insurance Act, s. 263(3)). |
| Deadline to sue for vehicle damage | 2 years from when the damage became known [1] Two years from the day the claim was discovered (Limitations Act, 2002, s. 4), never more than 15 years from the act or omission (s. 15(2)). |
| Deadline to sue for injury | 2 years from when the damage became known [1] Same basic two-year period; a claim is discovered when the person knew, or ought to have known, that the injury occurred, was caused by an act or omission of the defendant, and that a proceeding was the appropriate remedy (s. 5). |
| Insurer response deadlines — Accept or deny | 10 days from the claim [4] Business days: for the statutory accident benefits your own insurer pays, it must pay or give written notice of refusal within 10 business days of receiving the application and disability certificate (O. Reg. 34/10, s. 36(4)). You must notify the insurer of your intention to claim within seven days of the accident (s. 32(1)). |
| Minimum liability coverage | Combined single limit CA$200,000 [2] Every motor vehicle liability policy insures, per accident, to at least $200,000 against liability for bodily injury or death and property damage combined (Insurance Act, s. 251(1)). |
| Diminished value recoverable | Not yet verified |
| Uninsured / underinsured motorist cover | Not yet verified |
| Regulator | Financial Services Regulatory Authority of Ontario (FSRA) |
- Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, ss. 4, 5, 15, ss. 4, 5(1), 15(2) — verified as of 2026-09-11
- Insurance Act, R.S.O. 1990, c. I.8, s. 251 — Minimum liability under policy, s. 251(1) — verified as of 2026-09-11
- Insurance Act, R.S.O. 1990, c. I.8, ss. 263, 267.5, 268 — Direct compensation; protection from liability; statutory accident benefits, ss. 263(2), (3), (5)(a); 267.5(1), (3), (5); 268(1) — verified as of 2026-09-11
- O. Reg. 34/10 — Statutory Accident Benefits Schedule, ss. 32, 36, ss. 32(1), 36(4) — verified as of 2026-09-11
- Negligence Act, R.S.O. 1990, c. N.1, s. 3 — Apportionment, s. 3 — verified as of 2026-09-11
Ontario runs three systems at once, and which one applies depends on what was damaged. Damage to your own car is a **direct-compensation** claim: if the other vehicle is insured by an Ontario-licensed insurer, you recover the repair, contents and loss of use from your own insurer «as though the insured were a third party», in proportion to the degree of fault assigned under the Fault Determination Rules, and you have no right of action for that damage against the other driver (Insurance Act, s. 263(2), (3), (5)(a)).
Injury is a no-fault matter first: every policy is deemed to provide the statutory accident benefits — medical, rehabilitation, income replacement — regardless of who caused the crash (s. 268(1); O. Reg. 34/10). You must tell your insurer within seven days that you intend to claim, and once it has your application and disability certificate it must pay or refuse in writing within 10 business days (O. Reg. 34/10, ss. 32(1), 36(4)).
Suing the at-fault driver for injury is restricted by a threshold: no liability for health-care expenses or for non-pecuniary loss unless the injured person died or sustained «permanent serious disfigurement» or «permanent serious impairment of an important physical, mental or psychological function» (s. 267.5(3), (5)), and pre-trial income loss is capped at 70 % of gross income after the first seven days (s. 267.5(1)). Where fault is shared, damages are apportioned in proportion to each party’s degree of fault (Negligence Act, s. 3).
Any proceeding must be started within two years of the day the claim was discovered, and never more than 15 years after the act or omission (Limitations Act, 2002, ss. 4, 15(2)). The compulsory minimum is a combined $200,000 per accident (Insurance Act, s. 251(1)). Insurers are supervised by the Financial Services Regulatory Authority of Ontario. Uninsured-motorist rules and diminished value have not yet been verified against a primary text and are not stated here.
Frequently asked questions
How long do I have to sue for injuries after a car accident in Ontario?
2 years from when the damage became known (Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, ss. 4, 5, 15 — Same basic two-year period; a claim is discovered when the person knew, or ought to have known, that the injury occurred, was caused by an act or omission of the defendant, and that a proceeding was the appropriate remedy (s. 5).).
Is Ontario an at-fault or no-fault jurisdiction?
Hybrid. Shared-fault rule: Pure comparative negligence.
Who do I complain to about an insurer in Ontario?
Financial Services Regulatory Authority of Ontario (FSRA) (https://www.fsrao.ca/).
This guide explains how car insurance claims generally work. It is not legal advice, does not create a lawyer–client relationship, and is not a statement of any insurer's or regulator's position. Rules change and differ by jurisdiction; check the cited instrument and, where money or injury is at stake, consult a licensed professional in your jurisdiction.