When you’ve been injured in a motor vehicle accident, filing a claim might be the last thing on your mind. Between medical appointments, insurance calls, and recovery time, it’s easy for days to turn into weeks. But when it comes to claiming benefits, the last thing you want is to be left without options because you missed a key date. This is where having a knowledgeable car accident lawyer can help; with an experienced legal team handling the details, you can focus on healing without worrying about filing paperwork on time.
That’s why we’re here to guide you through Ontario’s filing deadlines and help ensure your rights are protected and you get the compensation you deserve.
Different Claims, Different Timelines
The type of claim impacts your filing deadline. Here’s how these timelines vary depending on your situation:
Motor Vehicle Accidents
For car accident claims, Ontario law requires you to report an accident to your insurance company within 7 days. After that, you have 30 days to commence your claim for accident benefits. Filing a claim promptly with your car insurance provider ensures your eligibility for accident benefits. For claims directly against another at-fault driver, generally the two-year limitation period applies. Filing sooner ensures you gather and submit the necessary evidence on time.
Slip and Fall Accidents
If a slip and fall accident occurred on a Town’s/City’s/Municipality’s/Province’s property, you must send proper written notice to the Town/City/Municipality/Province within 10 days, a much shorter timeline than for other types of claims. This deadline is critical for claims against a Town/City/Municipality/Province; otherwise, you may lose your right to claim your losses and damages against the Town/City/Municipality/Province.
If a slip and fall accident occurred due to snow or ice, you must send proper written notice to the occupier/owner within 60(sixty) days; otherwise, you may lose your right to claim your losses and damages against the occupier/owner.
For other fall accidents, generally the two-year limitation period applies. Acting quickly is essential, as it helps establish your case and secures evidence from the accident report.
Short-Term and Long-Term Disability Claims
For making a disability insurance claim, deadlines depend on your specific insurance policy, so it’s important to familiarize yourself with the details of your policy. It is always wise to notify your insurer or insurance agent promptly; you don’t want to risk a deadline passing.
If your claim is denied, Kalsi & Associates can assist with the dispute process.
Ontario’s Limitation Period: The 2-Year Deadline
In Ontario, under the Limitations Act: you generally have two years from the date the accident occurred to file a lawsuit. This is known as the limitation period. Once this period expires, it becomes challenging to pursue legal action against the at-fault (negligent) individual(s)/party(ies), so acting within that time limit is essential. If the car accident occurred due to another party’s negligence, filing a third-party claim within this window protects your rights.
Exceptions to the Limitation Period
There are certain situations where the two-year limitation period may be extended. For example, claims involving minors or individuals unable to manage their affairs may be eligible for an extended filing period. Similarly, if an injury’s effects aren’t immediately apparent, it may be possible to secure an extension. These types of cases can be complex–our team is here to help you understand if an exception might apply to your claim.
Unsure of Your Timeline? Don’t Wait
If you’re uncertain about your claim’s deadline, it’s always best to get clarity sooner rather than later because missed deadlines can mean that you lose out on your chance to secure compensation or claim benefits. If you need guidance on your time limits or the claims process following car accidents, we’re here to help you get a better understanding of your options and find the best path forward.
At Kalsi & Associates, we’re committed to supporting you through each step of the claims process. With years of experience handling accident claims, slip & fall matters and other injury claims, we know firsthand how to manage all the details and make sure that all deadlines are met, and every detail is managed.
Whether you need a Mississauga car accident lawyer or a car accident lawyer serving Hamilton, our team is here to help secure the compensation you deserve. Reach out today to learn more about how we can assist with your case.
