Being involved in a motor vehicle accident in Ontario can be a life-altering experience. While your focus might be on recovering from injuries, handling insurance claims, and managing day-to-day disruptions, it is important not to overlook a critical legal detail. You only have a limited amount of time to file a lawsuit if you plan to seek compensation for your injuries.
Ontario has strict laws that govern how long you have to take legal action after a motor vehicle accident. Missing the deadline can result in losing your right to pursue compensation, regardless of how severe your injuries are or how strong your case might be. In this article, we will explain the relevant time limits, possible exceptions, and why it is important to act quickly. If you’ve been involved in a motor vehicle accident, consulting with a motor vehicle accident claim lawyer early on can help you navigate these time-sensitive deadlines and ensure your rights are protected.
The General Rule: Two Years to File a Lawsuit
In most personal injury cases in Ontario, you have two years from the date of the accident to file a lawsuit. This is set out in Ontario’s Limitations Act, 2002. This two-year period is known as the limitation period, and it applies to lawsuits where you are suing the at-fault party for compensation related to your injuries.
For example, if your accident took place on July 15, 2023, you would generally have until July 15, 2025, to file a lawsuit. After this time, the court will likely refuse to hear your case unless a specific legal exception applies.
The two-year limitation applies to tort claims, which include seeking damages for pain and suffering, loss of income, and expenses for future medical care.
Notice Requirements in Special Cases
While most people are familiar with the two-year rule, there are some situations that require action even sooner. If your accident involved a government agency, public property, or public transportation, there may be much shorter notice periods.
Accidents Involving Municipalities
If your accident involved a hazard on a municipal road or sidewalk, or a collision with a city-owned vehicle, you must give written notice to the municipality within ten days of the accident. This notice must include details of the incident and your intention to pursue a claim. This requirement comes from the Municipal Act, 2001.
If you miss this ten-day notice period, your case could be at risk. However, in some situations, the court may still allow your claim to proceed if you can show that there was a reasonable excuse for the delay and the municipality was not disadvantaged because of it.
Accidents Involving Public Transit
If your injury occurred while using public transportation such as the Toronto Transit Commission (TTC), the same ten-day notice rule applies. You must inform the transit commission in writing that you intend to make a claim. This step is separate from filing a lawsuit and must be done promptly.
Insurance Deadlines: Statutory Accident Benefits
In Ontario, accident victims are generally entitled to Statutory Accident Benefits, regardless of who caused the accident. These benefits can help cover medical expenses, lost wages, and other accident-related costs.
To claim these benefits, you must notify your insurer within seven days of the accident, or as soon as it is reasonably possible. After that, you will need to complete and submit the official application forms within 30 days of receiving them. Failure to meet these deadlines can reduce or eliminate your access to these important benefits.
Exceptions to the Two-Year Rule
There are a few exceptions to the standard two-year limitation period. These exceptions recognize that some victims may not be in a position to file a claim right away.
The Discovery Rule
Sometimes, an injury is not immediately noticeable, or you may not realize the full extent of the harm until later. In such cases, the two-year period may start when you first discover the injury or when a reasonable person would have discovered it. This rule is especially relevant in cases involving delayed diagnoses or injuries that gradually worsen over time.
Claims Involving Minors
If the person injured in the accident is under 18 years old, the two-year clock does not begin until they turn 18, unless a litigation guardian starts the legal process on their behalf. This provision gives minors additional time to seek justice once they reach adulthood.
Incapacity
If the injured person is mentally incapable of understanding or managing their legal affairs due to injury or disability, the limitation period may be paused. It resumes only when the person regains capacity or when a legal representative steps in on their behalf.
Why It Is Important to Act Early
Even if you are within the two-year limitation period, delaying action can make your case more difficult. Evidence can be lost, memories fade, and witnesses can become hard to find. Starting early also allows you and your legal team to gather medical records, accident reports, and expert opinions that may strengthen your case.
Speaking with a personal injury lawyer shortly after your accident ensures that all deadlines are met and that your rights are protected from the beginning. Most lawyers offer free consultations, so there is no harm in exploring your options early.
Final Thoughts
Time is one of the most important factors in any personal injury case. In Ontario, you usually have two years from the date of a motor vehicle accident to file a lawsuit. However, some cases have much shorter notice requirements, especially if a government agency is involved. Missing these deadlines can result in the loss of your legal rights.
If you have been injured in a car accident in Toronto or anywhere in Ontario, it is important to speak with a lawyer as soon as possible. Early legal advice can help you understand your options, gather the right evidence, and meet every deadline required to protect your claim.
Do not wait. Contact a personal injury lawyer today to schedule a free consultation and take the first step toward getting the compensation you deserve.
