The Technicalities: Understanding Personal Injury Deadlines in Ontario
Ontario has strict timelines for filing claims after an accident, and missing them can result in complete dismissal of your case.
30 days: You must notify your insurance provider of your accident within 30 days to qualify for Statutory Accident Benefits.
120 days: You must notify the at-fault party that you intend to sue within 120 days.
2 years: You have two years from the date of the accident to file a lawsuit.
10 days: If a municipal government vehicle (e.g., city bus) is involved, you must give written notice within 10 days of the accident (Miodrag v. Toronto Transit Commission, 2006 ONSC 1182).
In Kosal v. Aviva Insurance, 2017 ONSC 6594, the plaintiff’s lawsuit was dismissed because they failed to provide timely notice to their insurer. The judge ruled that the delay resulted in “prejudice” against the insurance company, barring the claim.
How to Overcome This Mistake
Mark key deadlines immediately after an accident and act fast to notify all relevant parties.
If you miss a deadline, consult a lawyer immediately. Some exceptions apply if a delay was due to exceptional circumstances (e.g., hospitalization).
Document all communication with insurance providers and ensure you have written proof of notice submission.
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