What to Do After a Car Accident in Ontario

The decisions you make in the minutes, days and first month after an Ontario car accident shape your health, your insurance benefits and your legal claim — often permanently. This is the complete, province-wide checklist, in the order things actually happen.

At the Scene: The First 30 Minutes

1. Check for injuries and call 911 if anyone is hurt, if there is a suspected impaired driver, or if the damage looks significant. Police must attend serious collisions.
2. Move to safety. If the vehicles are drivable and blocking traffic, move them to the shoulder. Turn on hazards.
3. Do not admit fault. Not to the other driver, not to a witness, not "sorry, I didn't see you." Fault is a legal determination made later under Ontario's Fault Determination Rules.
4. Exchange information — full name, licence number, plate, insurer and policy number, and phone. Photograph their documents rather than writing them down.
5. Photograph everything — all vehicles from multiple angles, the whole scene, skid marks, road and weather conditions, traffic controls, and any visible injuries.
6. Get independent witnesses. Names and phone numbers. Witnesses disappear within minutes and are extremely persuasive later.

Within 24 Hours

• Report to a Collision Reporting Centre if police did not attend and damage appears to exceed $2,000 (which today is almost any collision). Ontario requires reporting within 24 hours. The provincial guidance sets this out.
• See a doctor — even if you feel fine. This is the step people most often skip and most often regret. Adrenaline masks injury, and whiplash and concussion symptoms typically peak 24–72 hours later. A same-day medical record is the foundation of your entire claim.
• Notify your own insurer. You are contractually required to. Stick to facts: date, time, location, vehicles. Do not speculate about fault and do not agree to a recorded statement about fault.

Within 7 Days: The Deadline Almost Nobody Knows

You must give your insurer notice of your intention to claim Accident Benefits within 7 days of the accident, and submit the completed application (the OCF-1) within 30 days. Miss these and your no-fault benefits — medical treatment, income replacement of up to $400/week, attendant care — can be delayed or denied outright.

These benefits are paid by your own insurer regardless of who caused the crash. They are separate from any lawsuit against the at-fault driver. Read tort claim vs accident benefits to understand the two systems.

What NOT to Do

• Do not give a recorded statement to the other driver's insurer. You have no obligation to. Say: "I'm retaining counsel; please direct communication to my lawyer." See our guide on how adjusters actually operate.
• Do not accept a quick settlement. Early offers arrive before anyone knows how hurt you are, and signing closes your claim forever. Here's why first offers run 30–50% of true value.
• Do not post about the accident on social media. Defence counsel screen claimants' accounts. One gym photo or "feeling great!" post can undermine a legitimate soft-tissue claim.
• Do not skip treatment or appointments. Gaps in your record are read as recovery.
• Do not sign a blanket medical release giving access to your entire health history.

The Deadlines That Actually Matter

• 7 days — notify your insurer of an Accident Benefits claim.
• 24 hours — report the collision (if police did not attend).
• 30 days — file the OCF-1 Accident Benefits application.
• 120 days — notice of a claim against a municipality (e.g. an unsafe road).
• 2 years — the limitation period to start a lawsuit against the at-fault driver.

Two years sounds generous. It is not. Evidence degrades, CCTV is overwritten within weeks, and witnesses forget. The strongest claims are the ones where the work started early. See how long you really have to sue.

Build Your Own Record

From day one, keep a simple diary: pain levels, symptoms, days missed from work, appointments attended, mileage driven for treatment, and specific activities you can no longer do — lifting your child, sleeping through the night, sitting through a shift. This costs nothing and is remarkably persuasive when a claim is valued two years later. Keep every receipt.

When to Call a Lawyer

Immediately, and certainly before speaking with the at-fault driver's insurer. Consultations are free, there is no obligation, and there is no upfront cost — personal injury work in Ontario is done on contingency. The downside of calling is nothing; the downside of not calling is a missed deadline or a signature you cannot take back.

If you have been injured anywhere in Ontario, call (416) 252-9937. Olga Kanevsky personally takes every first call — in English, Russian or Ukrainian.

General information only, not legal advice. Official sources: Ontario — What to do after a collision · FSRA auto insurance.