At Fault in an Ontario Car Accident? You May Still Be Entitled to Accident Benefits

Paras M. Patel
11 minutes ago
3 min read

Imagine this: You're driving through Toronto during rush hour, and in a moment of distraction, you rear-end the vehicle in front of you. The accident is clearly your fault, and you're worried not only about the damage but also about covering medical bills, lost wages, and rehabilitation costs. The good news? In Ontario, our no-fault insurance system means you can still access crucial accident benefits, even if you're responsible for the collision.

At PMP Law, we specialize in personal injury law and help clients navigate the complexities of auto accident claims every day. In this post, we'll break down how accident benefits work in Ontario, why fault doesn't disqualify you, and what steps you should take next.

Understanding Ontario's No-Fault Insurance System

Ontario operates under a no-fault insurance framework, which prioritizes getting injured parties the support they need without lengthy disputes over who caused the accident. This system ensures that you file claims for accident benefits through your own insurance company, regardless of who is at fault. It's designed to provide timely financial and medical assistance, helping you focus on recovery rather than blame.

Unlike some jurisdictions where fault determines everything, Ontario separates "accident benefits" (no-fault) from "tort claims" (where you can sue the at-fault party for additional damages like pain and suffering).

What Are Accident Benefits?

Accident benefits, also known as Statutory Accident Benefits Schedule (SABS) benefits, are a key part of every standard auto insurance policy in Ontario. These benefits cover a range of needs for anyone injured in a motor vehicle accident, including drivers, passengers, pedestrians, and cyclists. Common types include:

Medical and Rehabilitation Benefits: Up to $65,000 (or more with optional coverage) for treatments like physiotherapy, chiropractic care, medications, and assistive devices.
Income Replacement Benefits: If you can't work due to your injuries, you may receive up to 70% of your gross weekly income, capped at $400 per week (higher limits available with enhanced coverage).
Attendant Care Benefits: Compensation for help with daily activities, such as bathing or dressing, if you're severely injured.
Non-Earner Benefits: For those not employed at the time of the accident, like students or retirees, providing up to $185 per week.
Death and Funeral Benefits: Support for families in fatal accidents.

Does Being At Fault Affect Your Claim?

Simply put: No, being at fault does not prevent you from claiming accident benefits. Whether the collision was 100% your responsibility or partially so, you're still entitled to these supports from your insurer.

Steps to Take After an At-Fault Accident

Ensure Safety and Report the Incident: Call emergency services if needed and report the accident to police if damages exceed $2,000 or involve injuries.
Seek Medical Attention: Document your injuries early, as this strengthens your claim.
Contact Your Insurer: File for accident benefits as soon as possible.
Gather Evidence: Keep records of medical visits, expenses, and correspondence.
Consult a Personal Injury Lawyer: Even in no-fault claims, disputes can arise over benefit amounts or denials.

At PMP Law, our team has helped countless clients secure the maximum benefits they're owed, even in at-fault scenarios.

Final Thoughts

Being at fault in an Ontario car accident doesn't mean you're on your own. The no-fault system is there to protect you, providing essential accident benefits to aid your recovery. However, navigating insurance claims can be overwhelming, especially when dealing with pain and financial stress.

If you've been in an accident—regardless of fault—don't hesitate to reach out. Contact PMP Law today for a free consultation. Our personal injury lawyers are here to fight for your rights and ensure you get the support you deserve. Call us at 905-412-2288, e-mail ppatel@pmplaw.ca, or visit www.pmplaw.ca to schedule an appointment.