After a collision, one of the first questions people ask is how long after an accident can you make a claim. Ontario’s rules around timing can be confusing, especially when you’re dealing with pain, medical appointments, and the stress of speaking with insurance companies. Knowing the deadlines early can protect both your benefits and your right to full compensation.

Accident Benefits vs. Tort Claims

In Ontario, there are two different paths after a car accident, and each follows its own timeline. Accident benefits are available through your own insurer, regardless of who was at fault. These benefits can help cover medical treatment, rehabilitation, income replacement, and other essential supports while you recover. A tort claim, on the other hand, is a lawsuit against the at-fault driver and may provide compensation for pain and suffering, long-term income loss, and future care needs.

Because these are separate claims, the accident benefits timeline is not the same as the limitation period for a lawsuit. Understanding the difference is essential to avoid missing an important insurance claim deadline.

Notice Requirements Matter

Ontario law requires that you notify your insurer within seven days of the accident, or as soon as reasonably possible. After that, the formal application for accident benefits should generally be submitted within 30 days. Even if your injuries feel minor at first, it is still important to open a claim. Conditions like whiplash, concussion symptoms, or chronic pain often appear days or weeks later, and delayed notice can create unnecessary disputes with the insurer.

For a tort claim against the at-fault driver, the general rule is that you have two years from the date of the accident to start a lawsuit. Some situations, such as claims involving municipalities or government vehicles, may have even shorter notice requirements.

What If You Miss a Deadline?

Missing the deadline does not always end your case. Insurers and tribunals must consider whether there was a reasonable explanation for the delay. Hospitalization, serious medical complications, confusion about the process, or psychological trauma can all be valid reasons. However, late reporting often makes claims more difficult and can lead to denials, so it is always safer to seek advice as early as possible.

Building Your Claim Early

Strong documentation from the start makes it easier to meet deadlines and prove your losses. Keep records of medical visits, symptoms, time missed from work, and any out-of-pocket expenses. These details help establish both your immediate needs and the long-term impact of the injury.

Many people make honest mistakes that weaken their case. Waiting to report because injuries seem small, assuming the insurer will explain all available benefits, signing forms without understanding them, or skipping medical appointments can all affect the outcome of a claim.

Protecting Your Rights

The answer to how long after an accident you can make a claim depends on the type of claim and your personal circumstances. Acting quickly gives you the best chance to access accident benefits, preserve a tort claim, and receive fair compensation.

If you are unsure about any notice requirements or approaching deadlines, Hoffman Law can review your situation and make sure your rights are protected. Get in touch today!