Hurt in a Car Accident Without Your Own Car Insurance in Ontario
Pedestrians, cyclists, passengers and rideshare riders without their own auto policy can still claim. Here is who pays, what you can get, and what changed in 2026.
Key takeaways
- You do not need your own car insurance to claim accident benefits in Ontario.
- The Insurance Act sets an order of priority that decides which insurer pays you.
- Since July 1, 2026, people with no policy of their own generally receive the mandatory medical, rehabilitation and attendant care benefits only.
- If no insurer is available, the Motor Vehicle Accident Claims Fund may pay.
- You can still sue the at-fault driver for lost income and other losses.
Many people injured by cars in the GTA do not own one: pedestrians, cyclists, transit riders, passengers and people in rideshare vehicles. They often assume they have no claim because they have no car insurance. That is not right. Ontario law still provides accident benefits, but what you can receive changed on July 1, 2026.
Can I claim without insurance?
Yes. Accident benefits in Ontario are available to almost anyone injured in a collision involving a motor vehicle in the province, whether or not they own a car or hold a policy. You still have to notify an insurer within seven days and complete the application. The difference is which insurer pays and which benefits you can get.
Which insurer pays you
Section 268 of the Insurance Act sets an order of priority. In simplified form:
| If you were… | Look first to… | Then… |
|---|---|---|
| A passenger | A policy where you are the named insured, or a spouse or dependant of one | The insurer of the vehicle you were in, then any other vehicle involved |
| A pedestrian or cyclist | A policy where you are the named insured, or a spouse or dependant of one | The insurer of the vehicle that hit you, then any other vehicle involved |
| Anyone, if no insurer is available | The Motor Vehicle Accident Claims Fund |
This is a summary. The rules include exceptions, for example for people who regularly use a company vehicle.
If you live with a spouse or parent who has a policy, you may be covered under it as a spouse or dependant. Tell your lawyer who you live with and whose vehicles are in the household.
If insurers disagree about who should pay, the first insurer you notify must generally pay while they sort it out between themselves. You should not be left without treatment because of a priority dispute.
What you can receive after July 2026
For accidents on or after July 1, 2026, optional benefits only follow the policy's named insured, their spouse and dependants, and listed drivers. If you are not one of those people on any policy, you will generally receive:
- Medical and rehabilitation benefits for treatment your public health plan does not cover.
- Attendant care benefits if you need help with personal care.
- Up to $65,000 combined for non-catastrophic injuries, or $1,000,000 for catastrophic injuries ($3,500 for minor injuries).
You will generally not receive income replacement, non-earner, caregiver or housekeeping benefits. For the full picture, see Ontario's July 2026 accident benefits changes.
If the driver was uninsured or drove off
If the driver had no insurance, or left the scene and cannot be identified, call police immediately and keep the report number. You may be able to claim under uninsured or unidentified automobile coverage on a household policy, or from the Motor Vehicle Accident Claims Fund, which acts as a payer of last resort. These claims have short notice requirements, so speak with a lawyer quickly.
Your claim against the driver
Accident benefits are only part of the picture. You can also sue the driver who caused the collision for:
- lost income, past and future
- health care and care costs not covered by benefits
- pain and suffering, if your injuries meet Ontario's threshold, less the statutory deductible ($47,913.01 in 2026 unless damages exceed $159,708.71)
- family members' own losses
When you have no income replacement benefit, the lawsuit is usually where lost income is recovered. Pedestrians and cyclists also benefit from a rule in the Highway Traffic Act that puts the onus on the driver to show the collision was not their fault. See pedestrian and cyclist accident claims.
Steps to take now
- Get medical care and keep every record.
- Get the driver's name, plate and insurance details, and the police report number.
- Within seven days, notify the insurer of the vehicle involved, or a household policy if you have one, that you intend to claim accident benefits.
- If you are off work, apply for any disability coverage and EI sickness benefits.
- Photograph the scene and your injuries, and collect witnesses' names and numbers.
- Speak with an injury lawyer before giving a recorded statement to any insurer.
How SLG Lawyers can help
We review the collision, your injuries and every policy that may respond, confirm which benefits you are entitled to, and make sure notices go out on time. If benefits are refused, we take the dispute to the Licence Appeal Tribunal, and we pursue the at-fault driver for losses benefits do not cover. Injury consultations are free, and most files are handled on a contingency fee: a sliding scale of 28% to 36% of the amount recovered, to a maximum of 36%. See accident benefits and insurer denials and injury fees and costs.
Frequently asked questions
I was hit while walking and have no car insurance. Who pays my treatment?
Can I get income replacement if I don't have a policy?
What if the driver who hit me had no insurance or fled?
Does it matter that I was riding in an Uber or Lyft?
Sources
General information only, not legal advice. Which insurer pays, and what it pays, depends on the policies involved and the date of the accident. Book a free consultation for advice on your situation.