
A step-by-step walkthrough of what happens after a post-reform collision — who pays first, what benefits you can claim, and how the new rules change the claims process.
If you are in a collision in Ontario on or after July 1, 2026, three things are different: the benefits that pay for your treatment and replace your income are no longer all automatic, your auto insurer now pays first for medical and rehabilitation costs, and whether you can claim the optional benefits at all depends on whose name is on the policy. What follows is the walkthrough: what to do at the scene, what happens in the days after, and which benefits are actually available to you.
TopRates.ca is educational. Quotes are not offered or arranged on this site today. Nothing here is advice for your situation — it's the plain-English background to bring to a licensed insurance professional.
At the scene
When a collision must be reported to police is set by Ontario's Highway Traffic Act regulations, not by your policy. Report where anyone is injured, and where property damage crosses the provincial reporting threshold — raised to $5,000 effective January 1, 2025. Below that threshold, with no injuries, drivers exchange information and report to their own insurers.
Whatever the damage, collect the other driver's name, licence and insurance details, the plate, and the names of any passengers and witnesses. Photograph the vehicles and the scene. None of that changed in 2026 — but the passenger and driver details matter more than they used to, for reasons in the covered-group section below.
Notifying your insurer, and the clock that starts
The claims process itself was not changed by the reform, and it runs on two clocks. Notify your insurer that you intend to apply for benefits within seven days of the collision, or as soon as practicable after that. Your insurer then sends an application package; the main form is the OCF-1, the Application for Accident Benefits, and it is due back within 30 days of receiving that package.
Missing either window is not automatically fatal — the schedule lets an insurer accept a late application where you give a reasonable explanation for the delay. But a reasonable explanation is an argument, and it is one you would be making while also recovering. Treat the package as time-sensitive even if your injuries seem minor at first: symptoms that surface a week later are common enough that filing on time costs nothing and protects the claim.
One thing to keep separate in your head, because it runs on a different system entirely: claiming accident benefits from your own insurer is not the same as bringing a claim against an at-fault driver. That second route has its own notice requirements and limitation periods, set out in the Insurance Act rather than in the schedule, and they are shorter than most people assume. If anyone in the collision is seriously injured, that is a question to put to a lawyer early rather than late.
Who pays first now
For accidents on or after July 1, 2026, the auto insurer pays first for medical and rehabilitation costs. Before the reform that order ran the other way: those costs generally went to a workplace or private health plan first, with the auto insurer paying afterward. This is the change most likely to surprise you at the moment a bill arrives.
There is one exception. Medication still goes to your health plan first.
The practical effect is on billing, not on whether you are covered. But it changes who a clinic or physiotherapist should be invoicing, and it is worth saying so explicitly at the first appointment rather than assuming the office already knows.
The benefits available to everyone injured
Three benefits remain mandatory in every Ontario policy, and they cover everyone injured in the accident — drivers, passengers, pedestrians and cyclists alike: medical, rehabilitation, and attendant care. The reform did not change their limits.
$3,500 for most minor injuries, under the Minor Injury Guideline.
$65,000 for injuries that are serious but not catastrophic, covering medical, rehabilitation and attendant care combined.
$1,000,000 where an injury is designated a catastrophic impairment.
Higher optional limits exist for policies that bought them — true before the reform, and still true after it.
The benefits that depend on what was elected
Everything else — income replacement, the non-earner benefit, caregiver benefits, housekeeping and home maintenance, death and funeral benefits, and several smaller ones — became optional for policies entered into or renewed on or after July 1, 2026.
Two questions decide whether you can claim them. First, did the policy elect them? A policy renewing after the reform carries its existing benefits forward as optional coverage in the same amounts, unless they were declined or reduced in writing; a policy written fresh starts at the mandatory minimum. Second — and this is the part that catches people — are you inside the covered group?
Where they were elected, the amounts are the ones set out in the schedule and unchanged by the reform. Income replacement pays 70% of gross income up to $400 per week, with optional tiers of $600, $800 or $1,000. The non-earner benefit pays $185 per week after a four-week waiting period, for up to 104 weeks, where an injury causes a complete inability to carry on a normal life.
Caregiver benefits pay $250 per week for the first person in need of care and $50 for each additional person. Housekeeping and home maintenance pays up to $100 per week. Death and funeral benefits pay $25,000 to a surviving spouse, $10,000 per dependant, and up to $6,000 for a funeral.
Caregiver, and housekeeping and home maintenance, carry an extra wrinkle: under standard coverage they apply only to catastrophic impairment, and optional coverage is what extends them to all injuries.
Whether you are inside the covered group
Optional benefits reach four groups only: the named insured, their spouse, their dependants, and the drivers listed on the policy.
If you are injured and fall outside those groups — a friend who borrowed the car, an unlisted passenger, a pedestrian or cyclist struck by the vehicle — the mandatory medical, rehabilitation and attendant care benefits still apply to you. The optional ones do not. Recovering lost income or similar losses generally means a claim against the at-fault driver instead.
That is why the details you collect at the scene matter more than they did before. Which policy each injured person falls under, and whether they were a listed driver, now changes what they are able to claim.
If your accident was before July 1, 2026
The earlier rules apply. The optional-benefits changes attach to policies entered into or renewed on or after July 1, 2026, and the first-payer change applies to accidents on or after that date. A claim arising from an earlier collision follows the framework in force then, regardless of when you get around to filing it.
What to do this week, if it has already happened
Ask your insurer or broker for the declarations page, not a verbal summary, and find out which optional benefits the policy actually carries.
Notify your insurer within seven days, and get the OCF-1 back inside 30 days of receiving the package.
Tell every treating provider that the auto insurer bills first, medication excepted.
Work out, for each injured person, whether they are the named insured, a spouse, a dependant, a listed driver — or outside the group entirely.
Keep receipts for anything you are paying out of pocket, including mileage to appointments.
For the full July 1, 2026 reform in one place, see the Ontario auto reform guide.
Sources
The Statutory Accident Benefits Schedule (O. Reg. 34/10) and Ontario Regulation 383/24, via CanLII; the Financial Services Regulatory Authority of Ontario (FSRA); R.R.O. 1990, Reg. 596 under the Highway Traffic Act for the collision reporting threshold. Benefit amounts are as published in the SABS; confirm current amounts and your policy's specifics with your insurer or a licensed professional.
TopRates.ca is educational. Quotes are not offered or arranged on this site today.
Sources used in this article
- Statutory Accident Benefits Schedule — O. Reg. 34/10 under the Insurance Act (Ontario), consolidated text via CanLII (Federation of Law Societies of Canada). Checked August 2026.
- Financial Services Regulatory Authority of Ontario (FSRA) — Automobile Insurance Rating and Underwriting Guidance. Checked August 2026.
- Ontario e-Laws — R.R.O. 1990, Reg. 596 under the Highway Traffic Act; collision reporting threshold raised to $5,000 effective January 1, 2025. Checked August 2026.
Frequently asked questions
Do I claim from my own insurer even if the other driver caused it?
Yes. Accident benefits are the no-fault half of the system: you claim them from your own insurer regardless of who was at fault. Fault is still assigned, and still affects premiums, but it does not decide who pays for your treatment.
Did the medical limits change on July 1, 2026?
No. The $3,500 / $65,000 / $1,000,000 structure for medical, rehabilitation and attendant care is unchanged. What changed is which of the other benefits are automatic.
My employer has a health plan. Should I still open an auto claim?
Yes. For accidents on or after July 1, 2026 the auto insurer is first payer for medical and rehabilitation costs, so the auto claim is what starts the process. Medication is the exception and still goes to the health plan first.
Is this the same change as DCPD becoming optional?
No — that is a common mix-up. Direct Compensation – Property Damage became optional on January 1, 2024, a separate and earlier change about vehicle damage. The July 1, 2026 reform is about accident benefits, the coverage for injured people.
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