Overview
Injured in an Accident and Not Sure What to Do Next?
Being in a collision can be frightening and disorienting, even when it seems minor. It is normal to feel overwhelmed afterward, especially if you are in pain or worried about work and finances. Focus first on your health and safety, then start documenting what happened and how your injuries affect your day-to-day life. In many claims, supportive medical evidence and clear notes about functional impact become important early on.
Accident benefits (also called statutory accident benefits or first-party benefits) can provide support if you are injured in a motor vehicle accident, regardless of who caused the crash. Benefits can include income replacement, medical and rehabilitation, attendant care, caregiver benefits, non-earner benefits, housekeeping, and death benefits.
A tort claim is different. It is a lawsuit against the at-fault driver (or another responsible party) that can cover losses not fully covered through accident benefits, such as pain and suffering, out-of-pocket expenses, and certain future losses, depending on the facts.
Common Challenges in Car Accident Claims
Missed paperwork deadlines or incomplete forms
Disputes about what benefits apply and what medical documentation is required
Insurer requests for examinations or file reviews
Being placed in the Minor Injury Guideline when symptoms persist or worsen
Disagreements about work capacity, treatment needs, or ongoing limitations
The Aaron Waxman Difference
How Can Aaron Waxman and Associates, P.C. Help?
If you need a lawyer for motor vehicle accidents, Aaron Waxman and Associates, P.C. can help you understand whether you may have an accident benefits claim, a tort claim, or both, and what evidence can strengthen your position. This can include helping you respond to insurer requests (including examinations), organizing medical and functional documentation, and addressing disputes if benefits are reduced or denied. It is also common to have the same lawyer assist with both a tort claim and an accident benefits claim at the same time.
If a collision resulted in the loss of a loved one, the firm can also discuss wrongful death options.
Why Clients choose Us
Fighting for Your Rights with Compassion & Commitment
Real Care, Real Advocacy
We take the time to understand what you are facing, then build a plan that protects your rights and supports your next steps.
We Handle the Pressure For You
We take on insurer and employer pushback, manage deadlines, and keep your claim moving so you can focus on recovery and stability.
Talk to Aaron, Not a Substitute
Aaron Waxman isn't just the name on the door. He's the one who will be sitting down with you to discuss your situation and walk you through your options.
Recognized Among Canada's Top Firms
Aaron Waxman & Associates was named one of Canada's Top Personal Injury Boutique Law Firms for 2025 by Canadian Lawyer Magazine - recognition built on years of trusted, experienced advocacy.
Not sure if you have a case or where to start? Let's Chat. No Pressure, No Obligation
Frequently Asked Questions
Accident benefits may include income replacement, medical and rehabilitation, attendant care, housekeeping, death benefits, non-earner benefits, and caregiver benefits.
Accident benefits are statutory, no-fault benefits available if you are injured in a motor vehicle accident, regardless of who caused the collision.
You generally need to notify your insurer within 7 days that you plan to apply for benefits (or as soon as possible if you cannot). The Application for Accident Benefits (OCF-1) must generally be returned within 30 days after you receive it, or submitted with an explanation for the delay.
Automobile accidents involving bodily injury must be reported to the police.
A tort claim may allow compensation for pain and suffering, lost wages, future income loss, future medical expenses, and out-of-pocket expenses, depending on the circumstances.
Accident benefits are paid through your own insurer (no-fault benefits). A tort claim is a lawsuit against the at-fault party and can address additional losses not covered by accident benefits.
Even if you were at fault, you can still apply for accident benefits if you were injured.
When a collision happens in the course of work, the claim path can involve auto insurance and may involve WSIB depending on the situation. Getting advice early can help you avoid steps that limit your options.
You may still be able to access accident benefits. In some situations where no insurance is available, you may need to apply through the Motor Vehicle Accident Claims Fund (MVAC), which can act as a payer of last resort.
The Motor Vehicle Accident Claims Fund is generally a last-resort source of compensation when you are injured in an Ontario motor vehicle accident and no other insurance is available (including some uninsured or unidentified driver situations).
Under the Statutory Accident Benefits Schedule, insurers can request examinations (paper reviews or in-person exams). You are generally expected to attend and submit to reasonable testing, and insurers are expected to make reasonable efforts to schedule an exam at a convenient time and location.
The Minor Injury Guideline is the lowest tier of medical and rehabilitation benefits. The maximum payable under MIG is $3,500, and recovery is generally expected within 12 weeks, although some injuries can fall outside MIG depending on how they develop.
An FCE is an assessment that measures your ability to perform functions and tasks. It may include tests of physical endurance, range of motion, and consistency of effort, and it can be used when insurers assess entitlement to income replacement benefits.
You generally have two years from the date of the accident to start a lawsuit against the at-fault party.
You can dispute some accident benefits decisions through the Licence Appeal Tribunal (LAT). An application must generally be started within two years of the denial date.
Ontario’s distracted driving rules restrict certain hand-held device use and related activities while driving. In a collision, distracted driving can be an important liability issue when fault is disputed.
Many of the same Ontario insurance and personal injury concepts apply, including accident benefits and the potential for a claim against an at-fault party, but motorcycle collisions can raise rider-specific issues depending on the facts.
