What to Do in the First 24 Hours After a Car Accident in Toronto (2026 Checklist)

Your immediate priority is safety. If you can move, get yourself and any passengers out of traffic. Turn on your hazard lights and set up warning triangles or flares if you have them. Under Ontario's Highway Traffic Act (Section 199), you are legally required to remain at the scene of an accident that results in injury or property damage exceeding $2,000.

Call 911 immediately, even if injuries seem minor. Many car accident injuries — whiplash, concussions, internal bleeding, and soft tissue damage — have delayed onset. A Toronto paramedic assessment creates an official medical record timestamped to the moment of the accident, which becomes powerful evidence in your personal injury claim.

When police arrive, cooperate fully but be careful about what you say. Do not admit fault or apologize — even a casual "I'm sorry" can be used against you. Simply describe the facts of what happened: "I was driving westbound on the 401 when the other vehicle struck my rear bumper."

Your smartphone is your most valuable tool at an accident scene. Photograph everything: damage to all vehicles from multiple angles, the overall accident scene including road conditions, traffic signals, skid marks, weather conditions, debris patterns, and your own visible injuries. Take wide shots and close-ups. Photograph licence plates, driver's licences, and insurance cards of all involved parties.

Collect contact information from witnesses — their names, phone numbers, and email addresses. Witness testimony is often decisive in disputed liability cases. In Toronto's busy intersections (Yonge & Dundas, Bathurst & Lawrence, Kennedy & Eglinton), bystander accounts can contradict a negligent driver's version of events.

Write down or voice-record your own account of what happened while your memory is fresh. Include the time, location, direction of travel, speed, weather, visibility, and exactly what you saw before, during, and after the impact. Memory degrades rapidly, so this contemporaneous record is invaluable.

This is the single most important step for your personal injury claim. Visit a hospital emergency department or walk-in clinic within hours of the accident — ideally the same day. Even if you feel "fine," adrenaline masks pain, and injuries like concussions, herniated discs, and internal bleeding may not present symptoms for 24 to 72 hours.

A medical record created the same day as the accident establishes a direct causal link between the collision and your injuries. If you wait days or weeks to see a doctor, insurance adjusters will argue that your injuries were pre-existing, caused by something else, or not serious enough to warrant immediate attention. We have seen legitimate $200,000+ claims significantly reduced because the injured person waited a week to seek medical care.

Tell the doctor about every symptom — headache, neck stiffness, back pain, dizziness, nausea, numbness, tingling, difficulty concentrating, mood changes, sleep disruption. Be thorough and honest. This medical record becomes the foundation document of your entire personal injury claim under Ontario law.

Under Ontario's Statutory Accident Benefits Schedule (SABS), you must report the accident to your own auto insurer within 7 days to qualify for accident benefits — regardless of who was at fault. These benefits include income replacement (up to $400/week standard), medical and rehabilitation coverage (up to $65,000 standard or $1 million for catastrophic injuries), attendant care, and housekeeping expenses.

When speaking with your insurance company, stick to the basic facts: date, time, location, vehicles involved, and that you have sustained injuries. Do not provide a recorded statement, sign any documents, or accept any settlement offers without first consulting a personal injury lawyer. Insurance adjusters — even from your own company — are trained to minimize payouts.

Important: Do NOT contact the at-fault driver's insurance company directly. Their adjuster will try to get you to make statements that undermine your claim. Let your lawyer handle all communication with the other side.

The ideal time to contact a personal injury lawyer is within the first 24 hours. Why? Because critical evidence disappears quickly: surveillance camera footage is typically overwritten within 48 to 72 hours, witness memories fade, and vehicle damage may be repaired or the car scrapped before it can be independently inspected.

A Toronto personal injury lawyer can immediately: preserve crucial evidence by sending spoliation letters, arrange an independent medical examination to fully document your injuries, handle all insurance communications to prevent you from inadvertently harming your claim, and begin building the strongest possible case while evidence is fresh.

At Kanevsky Law, our free initial consultations mean you can get expert legal advice within hours of your accident at absolutely no cost. We work on a contingency fee basis — you pay nothing unless we win your case. Call 416-252-9937 any time to speak with an experienced car accident lawyer in Toronto.

Posting about the accident on social media is one of the most damaging mistakes we see. Insurance companies routinely monitor Facebook, Instagram, and TikTok accounts. A photo of you smiling at dinner the evening after a "serious" accident can be used to argue your injuries are exaggerated. Do not post anything about the accident, your injuries, or your daily activities until your case is resolved.

Refusing ambulance transport is another costly error. Declining emergency medical transport signals to insurers that your injuries were not serious. Even if you feel you can drive yourself, accept the ambulance. The paramedic report adds another layer of medical documentation.

Giving a recorded statement to any insurance company without legal representation is the third major mistake. Adjusters are skilled at asking questions designed to elicit admissions that can be used against you. Even innocent answers like "I'm feeling okay" can be twisted to suggest your injuries are minor. Always consult a lawyer first.

Under the Ontario Limitations Act (2002), you generally have two years from the date of the accident to file a personal injury lawsuit. However, the Statutory Accident Benefits deadline is much shorter — you must apply within 30 days of the accident for certain benefits, and the insurer must receive your application within specific timeframes.

For claims against municipalities (pothole accidents, icy sidewalks, poorly maintained roads), you must provide written notice within 10 days of the incident under the Municipal Act. Missing this deadline can bar your entire claim.

The bottom line: the clock starts ticking the moment your accident happens. Every day you delay seeking legal advice is a day that evidence deteriorates, witnesses forget, and limitation periods run. The first 24 hours are not just important — they are irreplaceable.