Accident benefits — late notice explanation

Accident benefits — late notice explanation under Ontario's Statutory Accident Benefits Schedule and at the Licence Appeal Tribunal.

You usually must notify your insurer within 7 days of the collision and send in the application within 30 days of receiving the forms; a dispute at the Licence Appeal Tribunal usually must be started within two years of the insurer's refusal. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Reviewing your policy, the collision details and the insurer's letters
  • Completing and filing the accident benefits forms, such as the OCF-1 application
  • Working out which insurer should pay and which benefits your policy may include
  • Dealing with the adjuster for you, with your authorisation
  • Explaining denials and the deadline to dispute them at the Licence Appeal Tribunal

What is not included

  • Charges for medical reports, assessments and records, and other disbursements
  • Later stages, such as a Licence Appeal Tribunal hearing or reconsideration, unless the service names them
  • A personal injury lawsuit against an at-fault driver, which is usually lawyer work
  • An appeal or judicial review of a Licence Appeal Tribunal decision in the Divisional Court, which needs a lawyer
  • Medical or rehabilitation treatment

Who this service is for

  • Drivers, passengers, pedestrians and cyclists hurt in a car collision in Ontario
  • Someone whose accident benefits were denied, reduced or stopped
  • Families of a person seriously hurt or killed in a collision

Information to have ready

  1. 1Your auto policy details and the claim number
  2. 2Police or collision reporting centre details, if any
  3. 3All letters and explanation of benefits forms from the insurer
  4. 4Medical records and the names of your treatment providers
  5. 5Proof of income or employment, if income benefits are involved

Frequently asked questions

How much does it cost?

The fee is $900 plus 13% HST ($1,017.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

Do I get accident benefits if the collision was my fault?

Yes. Accident benefits in Ontario are no-fault: they are paid by your own insurer, or another insurer under the priority rules, whoever caused the collision.

Which benefits does my policy include?

Since July 1, 2026, medical, rehabilitation and attendant care benefits are part of every Ontario auto policy, while benefits such as income replacement, non-earner, caregiver, housekeeping, and death and funeral benefits are optional coverage. What you can claim depends on the policy that applies and when the collision happened.

What if I do not have auto insurance?

You may still be able to claim from the policy of a family member you depend on, the insurer of a vehicle involved or, as a last resort, the Motor Vehicle Accident Claims Fund.

Can I also sue the at-fault driver?

Possibly. A lawsuit for pain and suffering or other losses is separate from accident benefits, has its own thresholds and deadlines, and is usually lawyer work. We can refer you to a lawyer.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed; the insurer and, if there is a dispute, the Licence Appeal Tribunal decide
  • Deadlines under the Statutory Accident Benefits Schedule are strict
  • The service covers accident benefits only, not a lawsuit against another driver
Law Society of Ontario — Barreau de l'Ontario
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