The first thing most people feel after a car accident is shock. The second thing is confusion about what to do next. What you do — or don't do — in the hours immediately following an accident can have a real impact on your ability to claim benefits and protect your legal rights.
1. Make Sure Everyone Is Safe
Check for injuries. If anyone is hurt, call 911 immediately. In Ontario, you are legally required to call police if the accident involves injuries, death, or property damage over $2,000. Do not move injured people unless there is immediate danger.
2. Call Police If Required
Ontario law (Highway Traffic Act) requires you to call police if the accident involves:
Injuries or death Property damage over $2,000 A hit and run A vehicle that is not driveable
If the accident involves only minor damage and no injuries, you may be directed to a Collision Reporting Centre instead of having officers attend the scene.
3. Notify Your Own Insurer — Within 7 Days
This is one of the most missed deadlines in Ontario. You are required to notify your own automobile insurer that an accident occurred as soon as practicable, and in any event within 7 days.
This notification is not the same as filing a full claim. It is simply putting your insurer on notice. Failing to provide timely notice can give your insurer grounds to reduce or deny your accident benefits claim.
4. Document the Scene
- Photograph the damage to all vehicles involved
- Photograph the road, intersection, traffic signs, and weather conditions
- Record the other driver's name, licence plate, insurance company, and policy number
- Get contact information from any witnesses
- Note the time, date, and exact location of the accident
5. Seek Medical Attention
Even if you do not feel seriously hurt, see a doctor as soon as possible. Many injuries — particularly soft tissue injuries, concussions, and psychological trauma — do not present immediately. A medical record created close to the time of the accident creates a documented link between the accident and your injuries. Waiting weeks or months to seek treatment weakens your claim significantly.
6. Do Not Admit Fault or Apologize
Do not apologize at the scene, even out of politeness. In Ontario, statements made at the scene can be used against you in insurance proceedings. Fault is determined by your insurer and the Fault Determination Rules — not by what was said roadside.
7. Keep Records of Everything
- All medical appointments, diagnoses, and treatments related to the accident
- Time missed from work and your income at the time of the accident
- Any expenses related to your injuries — prescriptions, travel to appointments, home help
- All correspondence with your insurer
The days immediately after an accident are when the foundation of your claim is built. A free review can help you understand what your next steps should be based on what has already happened.