After a car crash, in order.
Most of what goes wrong in an accident claim goes wrong on a date. Here is each step in Ontario, with the rule it comes from.
Accident benefits
If you intend to apply for accident benefits, tell your own insurer no later than the seventh day after the crash, or as soon as practicable after that. O. Reg. 34/10, s. 32(1)
The insurer sends application forms. The completed, signed application goes back within 30 days after those forms arrive. O. Reg. 34/10, s. 32(5)
Notices
Before an action over a car crash can start, the plaintiff must have applied for accident benefits and served written notice of the intention to sue on the defendant within 120 days of the incident. Insurance Act, s. 258.3(1)
Where a road or bridge in disrepair is part of the claim, written notice goes to the municipal clerk within 10 days of the injury. Municipal Act, 2001, s. 44(10)
The two-year limit
A lawsuit cannot start after the second anniversary of 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
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