If you suffered injuries in a car accident, pursuing a personal injury claim might be the last issue you want to worry about. Between your medical treatments, rehabilitation, insurance meetings, and recovery, it is easy for days to turn into weeks or months.
Unfortunately, you have a limited period to claim your accident benefits. The last thing you want is an insurance claim denial because you missed key deadlines. Luckily, a skilled motor vehicle accident lawyer can help. Your legal team can handle the details of your car accident claim while you focus on your medical treatment and recovery.
Different Timelines for Different Claims
The specific claim you plan to file determines the period you have to finalize the filing process. Here are the different claim types and your time limit for filing each.
Car Accidents
Suppose you were involved in a car accident and intend to file an accident benefits claim. In that case, Ontario’s law requires you to report the accident to your insurance company within seven days. After filing the initial report, you have up to 30 days to file your accident benefits claim.
Keep in mind that filing your claim for the accident benefits with your vehicle insurance company on time ensures you’re eligible for the accident benefits. If you plan to file a personal injury claim against the at-fault driver, Ontario’s Limitations Act requires you to commence the claim within 2 years of the accident.
Therefore, notifying the other driver’s insurance company of your intention to file a claim immediately is crucial. Work closely with your lawyer to gather and submit the necessary evidence to support your car accident claim.
Slip & Fall Accident
If you slip and fall on a municipality property, you have 10 days to notify them. You should also file a formal claim with that municipality within this time period.
Also, for any slip and fall matters, as a result of snow or ice, that occurred after December 8, 2020, claimants are now required to send written notice of the claim to the property owner /occupier as well as the independent contractor (winter maintenance contractor) within 60 days after the occurrence of the injury, and the notice must include the date, time and location of the occurrence. This must be served personally or sent via registered mail.
As there are many technical requirements to ensure these notice periods are persevered, it is best to consult a slip and fall accident lawyer as soon as possible after a fall.
Disability Claims
If you suffered a disability in a car accident, securing the necessary financial compensation will help cover your medical expenses, long-term care, and other costs. In Ontario, the limitation period for filing a short-term or long-term disability insurance claim depends on your insurance policy. Therefore, it’s crucial to consult a lawyer to review and understand your auto insurance policy details.
After the accident, you should act quickly and notify your insurance provider or insurance agent. There’s a short limitation period (often a few weeks after becoming disabled) to file for a short-term disability claim.
On the other hand, the limitation period for filing a claim for long-term disability is comparatively more flexible, ranging from a few months to several years after the onset of your disability. Remember, the claims process is complex, and you need the help of an experienced lawyer to pursue financial compensation for the injuries and property damage you suffered in a car accident.
Ontario’s Limitation Period for Personal Injury Claims
In Ontario, the Limitations Act, enacted in 2002, sets the general rule that motor vehicle accident victims have up to 2 years from the time of the injury (or the time they became aware of the harm) to commence an injury claim. This period is referred to as the basic 2-year limitation period.
Knowing when your clock starts ticking can be challenging. This is because some injuries are not immediately apparent. In addition, the law allows flexibility under Ontario’s discoverability principle. That means your 2-year limitation period will begin the moment you become aware of your injury and its link to the car accident in question.
Exceptions to the 2-Year Limitation Period
The 2-year limitation period is often considered a standard rule. However, some exceptions may apply. This can extend or shorten your time to commence a personal injury lawsuit (or claim) against the other driver. These exceptions include:
Your Injuries are not Immediately Apparent
Psychological trauma or internal injuries may manifest some hours, days, or even months after the car accident occurred. That means the accident report made by police officers at the accident scene may not mention such injuries. Similarly, your insurance company’s assessment (if done before you became aware of your injuries) may not reflect the severity of the injuries and other damages you suffered.
In such cases, the limitations period will begin when you discover or the time you should have reasonably discovered your injuries. In Ontario, this is referred to as the discovery rule. Even if the limitation period is extended, all other required procedures must be followed.
For example, you must report an accident promptly, pay the necessary fee if your car is towed to the nearest collision reporting center, and cooperate fully with your claims adjuster. Every driver involved has a legal duty to follow these steps, regardless of when the injury is discovered.
Incapacitated Individuals or Minors
Suppose the injured party is mentally incapacitated after the auto accident. In that case, the two-year time limit rule may be paused until he or she regains the capacity to pursue an injury claim. Similarly, if a minor was injured in a motor vehicle accident, the limitation period cannot begin until the victim turns 18.
That means the statute of limitations may be extended by months or years, depending on the exact age of the minor at the time of the accident.
Claim Against a Municipality
Suppose your accident was caused by dangerous road conditions under the responsibility of a municipality, such as unmarked potholes or poor maintenance. In that case, you must send written notice of your intent to file a lawsuit within 10 days of the incident. Missing this deadline may affect your right to seek compensation.
However, in some cases, exceptions can apply if you can prove that it wasn’t reasonably possible to provide notice on time.
A Wrongful Death Claim
When a loved one dies due to a car accident, the family may have up to two years from the date of death to pursue a wrongful death claim. In some cases, this period may be extended under Ontario’s discovery rule, particularly if the cause of death or who was at fault isn’t immediately known. It’s essential to speak with a lawyer early to understand your rights and protect your right to seek compensation.
What would happen if You Miss the Deadline?
Missing key deadlines (time limits) can forfeit your right to seek compensation. For instance, if you fail to notify your insurance company within 7 days of the accident, you may be denied accident benefits. If you do not submit your application for benefits within 30 days, your insurance company may reject your claim. Waiting more than 120 days to notify the at-fault party of your intent to sue can prevent you from taking legal action.
Similarly, if you miss the 2-year deadline to commence the claim process, you could permanently lose your right to compensation. Ontario courts strictly enforce these timelines, with limited exceptions.
Steps to Take Immediately After an Accident
Whether you have been involved in a major or minor car accident, here’s what you can do to ensure the best possible outcome:
- Prioritize your safety: Your health comes first. Call 911 if needed and offer help to other parties involved in the accident, but only if it’s safe. Your safety should always come first.
- Document everything: If the accident involves other vehicles, take photos or videos of the scene, including the licence plate number, weather conditions, and damage to your insured vehicle and other vehicles.
- Contact a lawyer: Early legal advice can help. Your lawyer will explain your rights and help report the accident to your insurance company.
How an Experienced Personal Injury Lawyer Can Help
An experienced personal injury lawyer understands Ontario’s legal system and knows how to protect your rights. They will handle deadlines, gather credible evidence to support your claim, deal with your insurer, and fight for full compensation. With a skilled car accident lawyer on your side, you can avoid costly legal mistakes and improve your chances of a successful claim.
