How Much Is My Car Accident Claim Worth in Ontario?
What actually decides the value of a car accident claim in Ontario, including the injury threshold and the 2026 statutory deductible.
Key takeaways
- There is no formula. Value depends on the medical evidence, your losses, who was at fault and the insurance available.
- Most injured people have two claims: accident benefits from their own insurer, and a lawsuit against the at-fault driver.
- Pain-and-suffering damages must meet Ontario's injury threshold, and for 2026 are reduced by a $47,913.01 deductible unless they exceed $159,708.71.
- Strict deadlines apply, including two years to start a lawsuit in most cases.
Two claims after a car accident
After a collision in Ontario, most injured people have two separate claims:
- Accident benefits from your own auto insurer, whoever was at fault. These can include medical and rehabilitation benefits, attendant care and income-related benefits, depending on the coverage on the policy. See accident benefits and insurer denials.
- A tort claim against the at-fault driver for pain and suffering, income loss and other losses not covered by accident benefits.
Pain and suffering: the threshold and deductible
To recover pain-and-suffering (non-pecuniary) damages from an at-fault driver, your injury must meet Ontario's threshold: a permanent serious disfigurement, or a permanent serious impairment of an important physical, mental or psychological function. Whether you meet it depends on the medical evidence.
Damages are then reduced by a statutory deductible, which is indexed every year. For 2026:
| Claim | Deductible | No deductible if damages exceed |
|---|---|---|
| Injured person | $47,913.01 | $159,708.71 |
| Family members (Family Law Act) | $23,956.52 | $79,853.70 |
Source: Financial Services Regulatory Authority of Ontario, 2026 Automobile Insurance Indexation Amounts Guidance.
Because of the deductible, a modest award for pain and suffering can be reduced substantially, or to nothing. That is why the quality of the medical evidence matters so much.
Income loss, care and other losses
- Income loss. In a car accident lawsuit, income loss before trial is generally limited to 70% of gross income lost. Future loss of earning capacity can also be claimed.
- Health care and care costs not covered by accident benefits, now and in the future.
- Family members' claims for their own losses, such as care they provide and loss of guidance and companionship.
Amounts already paid as accident benefits are generally deducted from the tort award, so you are not paid twice for the same loss.
What changes the value
- Medical evidence. Consistent treatment records and specialist reports showing how the injury affects your life.
- Fault. If you were partly at fault, your damages are reduced by your share.
- Pre-accident health and work. Your earnings history and any earlier injuries or conditions.
- Insurance limits. The at-fault driver's policy limits, and any optional coverage on your own policy.
- Timing. Missing a deadline can reduce or end a claim.
Deadlines that protect your claim
Notify your own insurer of the accident within 7 days, or as soon as practicable, and submit the accident benefits application within 30 days of receiving the forms. Give the at-fault driver written notice within 120 days. A lawsuit must generally be started within two years of the accident. See what to do after a car accident.
How SLG Lawyers can help
We review the accident, your injuries and the insurance available, and tell you what your claim realistically involves. Consultations are free, and most injury files are handled on a contingency fee: a sliding scale of 28% to 36% of the amount recovered, to a maximum of 36%. See injury fees and costs and our car accident claims page.
Frequently asked questions
Is there a car accident settlement calculator for Ontario?
What is the deductible on pain and suffering in 2026?
Can I claim if the accident was partly my fault?
How long do I have to sue after a car accident in Ontario?
Sources
General information only, not legal advice. Deductibles and thresholds change each year, and every claim depends on its own facts. Book a free consultation for advice on yours.