Accident Benefits Vs. Tort: What's the Difference?

If you’ve been injured in a car accident in Ontario, you may be entitled to pursue two separate claims: an Accident Benefits claim and a Tort claim.

An Accident Benefits claim (also known as the Statutory Accident Benefits Schedule, or SABS) is made through your own insurance company, regardless of who caused the accident. Ontario operates under a no-fault insurance system, meaning you may access certain benefits even if you were responsible for the collision.

Common Accident Benefits include:

• Medical and rehabilitation expenses

• Income replacement benefits

• Attendant care benefits

• Non-earner benefits

• Housekeeping and caregiving expenses (in certain cases)

These benefits are intended to provide immediate financial support and access to treatment following a motor vehicle accident.

A tort claim, by contrast, is a lawsuit against the at-fault driver or other responsible parties. Through a tort claim, you may be entitled to compensation for:

• Pain and suffering

• Past and future loss of income

• Loss of competitive advantage

• Cost of future care

• Loss of enjoyment of life

• Housekeeping and home maintenance expenses

To succeed in a tort claim, you must establish fault and damages, making these claims more complex and evidence-driven.

Many accident victims assume that dealing with their insurance company is enough. It is not.

Without proper legal guidance, you may:

• Miss important deadlines

• Accept denied or reduced benefits

• Undervalue your claim

A knowledgeable Ontario personal injury lawyer can coordinate both claims to help ensure you receive maximum compensation under Ontario law.

Motor vehicle accident claims are time-sensitive and legally complex. Early guidance can make a meaningful difference in the outcome of your case.

If you’ve been injured in a car accident in Toronto or anywhere in Ontario, speaking with a personal injury lawyer at DR Injury & Disability Law can help you understand your options and protect your rights from the outset.