How Long Do I Have to Sue After a Car Accident in Ontario?
The short answer: you generally have two years from the date of the accident to start a lawsuit. But the two year rule is only part of the story. Several much shorter deadlines arrive first, some within days of the crash. Missing them can cost you benefits and weaken your claim. Here is the full timeline, in plain language.
Within 7 days: tell your own insurance company
After a car accident in Ontario, you must notify your own auto insurer within seven days, or as soon as you reasonably can. This starts your claim for statutory accident benefits, which every Ontario driver has access to regardless of who caused the accident. These benefits can cover medical and rehabilitation costs, income replacement, and attendant care.
This applies even if the accident was not your fault. Accident benefits come from your own policy, not the other driver's.
Within 30 days: return your accident benefits application
Once your insurer sends you the application package, you generally have 30 days to complete and return the forms. Late applications can delay or complicate your benefits, so do not let the paperwork sit.
Within 120 days: put the at fault driver on notice
If you intend to sue the at fault driver, Ontario's Insurance Act requires you to give them written notice of your intention within 120 days of the accident. A late notice is not always fatal to your claim, but it can create problems you do not need. A lawyer will typically send this notice for you as one of the first steps.
Within 10 days: if the road itself was the problem
If poor road conditions contributed to the accident, such as ice, potholes, or missing signage on a municipal road, you must give the municipality written notice of your claim within 10 days. This is one of the shortest deadlines in Ontario law, and it is easy to miss if you do not know about it.
Within 2 years: start your lawsuit
Under Ontario's Limitations Act, you generally have two years from the date of the accident to start a lawsuit against the at fault driver for your injuries and losses. If you miss this deadline, your claim is almost always over, no matter how strong it was.
A few important nuances:
The clock can start later in some cases. The two years technically run from the date you discovered, or reasonably should have discovered, that you had a claim. In most car accident cases that is the day of the crash, but in some situations, such as injuries that reveal themselves later, the start date can shift. Do not rely on this without legal advice.
Children get more time. If the injured person is under 18, the two year clock generally does not start running until their 18th birthday.
Disputes with your own insurer have their own deadlines. If your insurer denies an accident benefit, separate timelines apply to challenging that denial. Treat any denial letter as urgent.
Why you should not wait two years
Even though the lawsuit deadline is two years, waiting is a mistake. Evidence disappears quickly. Skid marks fade, vehicles get repaired or scrapped, surveillance footage gets deleted, and witnesses forget details or move away. The strongest claims are built early.
There is also a legal threshold to keep in mind. To recover compensation for pain and suffering in an Ontario car accident lawsuit, your injuries generally must be serious and permanent, and a deductible set by the government applies to smaller awards. An early legal assessment helps you understand where your case stands.
The bottom line
Seven days to notify your insurer. Thirty days to return your benefits application. One hundred and twenty days to give notice to the at fault driver. Ten days if a municipality may be responsible for the road. Two years to sue. The two year deadline gets all the attention, but the earlier deadlines protect the benefits and evidence your claim depends on.
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Claim.ca is a free platform operated by Marty Mikhail, a lawyer licensed by the Law Society of Ontario. Legal services are provided by Lemonade Law™, Marty Mikhail's personal legal practice.