The dates that matter after a crash.
A personal injury practice in Hamilton. Some time limits after a car crash are measured in days: enter the date and see each one, with the rule it comes from.
Talk to usThe four clocks that start on the day of the crash
- 7days
Tell your own insurer you intend to apply for accident benefits.
O. Reg. 34/10, s. 32(1) - 10days
Written notice to the municipality, if a road in disrepair is part of the claim.
Municipal Act, 2001, s. 44(10) - 120days
Written notice to the other driver that you intend to sue.
Insurance Act, s. 258.3(1) - 2years
Basic limitation period to start a lawsuit.
Limitations Act, 2002, ss. 4–5
- Day 7Tell your own insurer you intend to apply for accident benefitsO. Reg. 34/10, s. 32(1)
- Day 10Written notice to the municipality, if a road in disrepair is part of the claimMunicipal Act, 2001, s. 44(10)
- Day 120Written notice to the other driver that you intend to sueInsurance Act, s. 258.3(1)
- Two yearsBasic limitation period to start a lawsuitLimitations Act, 2002, ss. 4–5
Also: send the completed accident benefits application within 30 days after the insurer’s forms arrive. That clock starts with the forms, not the crash. O. Reg. 34/10, s. 32(5)
How we count: each date is counted from the day of the crash. The two-year limit runs from the day the claim was discovered, which is usually but not always the day of the crash. Limitations Act, 2002, ss. 4–5
What each date is for
Basic limitation period to start a lawsuit. Limitations Act, 2002, ss. 4–5
- Tell your own insurer
- If you intend to apply for accident benefits, tell your insurer no later than the seventh day after the crash, or as soon as practicable after that. O. Reg. 34/10, s. 32(1)
- Notice to a municipality
- If a road or bridge in disrepair is part of the claim, written notice has to reach the municipal clerk within 10 days of the injury. A judge can excuse late notice in some cases, and the limit does not apply after a death. Municipal Act, 2001, s. 44(10)
- Notice to the other driver
- Before suing over a car crash, written notice of the intention to sue goes to the defendant within 120 days, and you must have applied for accident benefits. Insurance Act, s. 258.3(1)
- The benefits application
- The completed application goes to the insurer within 30 days after its forms arrive. O. Reg. 34/10, s. 32(5)
- Starting a lawsuit
- The basic limitation period is two years from the day the claim was discovered. Limitations Act, 2002, ss. 4–5
The first call
Free case review905-555-0164- The dates. We work out which limits apply to you and when each one falls.
- The insurance. Who has been told, which forms have arrived, and what is still to send.
- What happened. Then the injury, the treatment and the rest, at a pace that suits you.
Questions people ask
Does the two years always start on the day of the crash?
Not always. It runs from the day the claim was discovered: the day you knew, or reasonably ought to have known, about the injury and who caused it. Limitations Act, 2002, ss. 4–5
What if a pothole or a broken road caused it?
A claim against a municipality for a road in disrepair needs written notice to the clerk within 10 days of the injury. A judge can excuse late notice where the municipality is not prejudiced. Municipal Act, 2001, s. 44(10)
Do I have to apply for accident benefits before suing?
Yes. An action over a car crash cannot start until the plaintiff has applied for statutory accident benefits and given the defendant written notice. Insurance Act, s. 258.3(1)
Talk to someone about the dates.
Tell us the date of the crash and what has happened since. We check the time limits first, then the insurance, then the rest.
Or call 905-555-0164 · help@kessock.example