Motor Vehicle Accident Lawyers for Toronto and the GTA
After a collision in Ontario, you generally have two separate claims: an accident benefits claim through an auto insurer no matter who was at fault, and a tort claim against the driver who caused the crash. A motor vehicle accident lawyer helps you pursue both. At Merricks Law Group, we handle the insurers and the paperwork so you can focus on healing.
Two claims, working together
Ontario runs a partial no-fault system, so most injured people deal with two tracks at once:
Accident benefits (SABS). These are first-party benefits paid through an auto policy regardless of fault, set out in Ontario’s Statutory Accident Benefits Schedule (SABS).
A tort claim. This is a lawsuit against the at-fault driver for losses the benefits do not fully cover, including pain and suffering.
Getting both right, and coordinating them, is where experienced help matters most.
Important: accident benefits changed on July 1, 2026
Ontario reformed its auto insurance system on July 1, 2026 under Ontario Regulation 383/24, which amended the SABS. The shift is significant: only medical, rehabilitation, and attendant care benefits remain mandatory in every auto policy. Other benefits, including income replacement, caregiver, housekeeping, and death and funeral benefits, are now optional coverage a driver has to purchase. Coverage for those optional benefits also reaches a narrower group of people. Because of this change, what you can claim now depends heavily on the policy in play, which is exactly why an early review of your coverage is worth it. We check the fine print so you know what is actually available to you.
The tort claim and Ontario’s deductible
When you sue the at-fault driver for pain and suffering, Ontario applies a statutory deductible to that part of the award, and the deductible is indexed each year under the Insurance Act and published by the Financial Services Regulatory Authority of Ontario. For 2026, the deductible on general damages is $47,913.01, and it no longer applies once the award passes $159,708.71. These figures change annually, so we confirm the current numbers for your claim.
How fault is decided
Ontario uses set Fault Determination Rules that assign responsibility in percentages based on how the collision happened. Being assigned some fault does not necessarily end your claim; it can reduce your recovery. We gather the evidence early to protect your position.
The collisions we handle
We act for people hurt in car accidents, truck accidents, motorcycle accidents, and pedestrian accidents, among others across the full range of vehicle collisions.
What to do next
Get medical attention, even if you feel alright at first. Report the collision. Photograph the vehicles and the scene if you safely can. Keep your medical records and receipts. Then talk to us before giving the insurer a recorded statement, so your two claims start on the right footing.
You do not have to fight the insurance company alone. Book a free consultation with a Merricks motor vehicle accident lawyer today. Call 416-986-3036, or reach us any time at 905-624-4878. No fees unless we win. Take Back Control of Your Life.®
FAQ:
Do I have a claim if I was partly at fault? Often yes. Ontario assigns fault in percentages and reduces recovery accordingly rather than automatically barring the claim.
Are accident benefits still automatic after July 1, 2026? Only medical, rehabilitation, and attendant care are mandatory. Income replacement and several other benefits are now optional and depend on the policy purchased.
How long do I have? Tight notice deadlines can apply to accident benefits, and the tort claim carries its own limitation period. Speak with a lawyer promptly.
This article is general information, not legal advice, and does not create a solicitor-client relationship.
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