After a crash, the first call to your insurer usually happens while you're still shaken, sore and thinking about your car. Most people report what happened, hang up, and believe the insurer now knows everything it needs to.
In Ontario, it doesn't. Telling your insurer about the accident and telling them you intend to apply for accident benefits are two separate steps. In September 2026, the Court of Appeal for Ontario made that distinction firm.
So your first call needs one very important extra sentence.
The sentence to say
"I was injured in this accident, and I intend to apply for accident benefits. Please send me the application package."
Say it on the first call, even if you're not yet sure how badly you're hurt. Injuries after a crash often show up days later, and giving notice early keeps the door open.
Then send the same words by email that day, so there's a written record with a date on it. Write down the name of the person you spoke to and the time of the call.
What happened in the case
A driver called his insurer the day after a February 2019 collision to report heavy damage to his car. Nobody asked whether he was hurt. He didn't know accident benefits existed.
He gave notice of an accident benefits claim in December 2020, about 22 months later. The Licence Appeal Tribunal found he hadn't given the notice the rules require, and didn't accept his explanation for the delay. The Divisional Court reversed that, holding that reporting the accident was enough. The Court of Appeal disagreed and restored the tribunal's decision, so the claim stayed denied.
The reasoning is simple to follow. Section 32(1) of the Statutory Accident Benefits Schedule asks you to notify the insurer of your intention to apply for benefits. That notice is what sets the insurer's duties in motion, including sending you the forms. A report about a damaged car doesn't do that on its own.
Seven days, or as soon as you reasonably can
The rule asks for your notice no later than the seventh day after the circumstances that give rise to the benefit, or as soon as practicable after that. For most people, the clock starts on the day of the crash.
There is a safety net. Section 34 says missing a time limit doesn't end your claim if you have a reasonable explanation. The courts have said that not knowing the law, on its own, isn't enough. That means the person most likely to miss this deadline, someone who has never heard of accident benefits, is also the person least likely to be rescued by it.
That's the whole reason to say the sentence on day one. Don't wait for someone else to take over your file. By then, the window may already be closed.
Not the driver? The same sentence applies
Passengers, pedestrians and cyclists can claim accident benefits too, and the same notice rule applies to them. Your notice usually goes to your own auto insurer, or to the insurer of a spouse or parent you live with. If nobody in your home has car insurance, it generally goes to the insurer of the vehicle involved.
If a child was hurt, a parent or guardian makes the call and says the same sentence on their behalf.
What happens after you say it
Once your insurer has your notice, it has to promptly send you the application forms and an explanation of the benefits available. You then have 30 days from receiving them to return the completed application, the OCF-1.
If the forms haven't arrived within a week or so, call again, ask where they are, and note the date you asked.
What to write down, starting today
- The date and time of your first call, who you spoke to, and the words you used to say you intend to apply for accident benefits.
- A copy of your written notice. Keep the email you sent, with the date showing.
- The date the application forms arrived. Your 30 days start there, and only you will have the proof.
- How you felt in the first days. Pain, headaches, trouble sleeping, anything new. Injuries often surface late, and a dated note shows when.
- Any reason for a delay, written down while you still remember it clearly, in case you ever need to explain it.
What to read next
The rest of the dates that run alongside an Ontario claim are in our Ontario accident benefit deadlines article. If you can't work, Can you claim lost wages after a car accident in Ontario? covers income replacement, and the Minor Injury Guideline covers the $3,500 treatment cap. What to do after a car accident in Canada covers the steps that apply wherever you live, and the guides by province and territory cover everywhere else.
Every point here comes from a named source.
Last verified: September 2026.
Verified against: the decision of the Court of Appeal for Ontario in Jakupovic v. Intact Insurance Company, 2026 ONCA 651, for the facts of the case and the court's reasoning; and sections 32 and 34 of the Statutory Accident Benefits Schedule, O. Reg. 34/10, for the notice rule, the 30-day application period and the reasonable explanation provision.
If you find something out of date on this page, write to Recovery@hurtsquare.ca and we will correct it publicly.
This is general information for people in Ontario. It is not legal advice. Every claim turns on its own facts, and a missed deadline is worth getting advice about as early as possible.
