What Happens If You’re Hurt as a Passenger in a Friend’s Car in Ontario?

Our Toronto lawyers offer trusted legal support for injured passengers

A collision is a situation nobody expects. One minute, you're chatting with a friend in the passenger seat. The next, you're in an ambulance, wondering who will pay your medical bills, and if filing a claim might hurt your friendship.

If you’re injured as a passenger in Ontario, you’re protected under the province’s auto insurance laws. Thanks to Ontario’s no-fault system and the Statutory Accident Benefits Schedule (SABS), you can access immediate support, regardless of who caused the crash.

If your injuries are serious, you may be entitled to additional compensation by filing a lawsuit against the at-fault driver, even if that driver is your friend. Read on to find out what steps you should take and how to get compensation after a car accident as a passenger.

Can you get benefits even if no one is suing?

Ontario’s auto insurance system is built around a no-fault model. That means crash victims (including drivers, passengers, and pedestrians) can receive benefits without needing to sue or assign blame.

These car accident benefits come from SABS and cover a wide range of needs, including:

Medical and rehabilitation costs (physiotherapy, prescriptions, mobility devices)
Income replacement (up to 70% of your weekly gross income, capped at $400/week unless extended coverage was purchased)
Non-earner and caregiver benefits if you weren’t working but can no longer lead a normal life or care for someone
Attendant care for personal support at home
Death and funeral benefits in tragic cases

Even if you don’t have auto insurance of your own, you’re still covered. In that case, the insurance company for the car you were in (your friend’s car) or another involved vehicle will pay your benefits, based on Ontario’s “priority of access” rules.

Which insurance company pays your benefits?

Here’s how Ontario decides who pays your benefits, in order:

Your own auto policy (if you have one)
A spouse or dependent’s policy
The policy for the car you were in
The policy for another vehicle involved
The Motor Vehicle Accident Claims Fund, a government-backed last resort

Don’t stress if you’re not sure which applies. The key is to notify at least one insurance provider within seven days of the car accident, or as soon as reasonably possible. Just provide the basic details of the crash and don’t go too far into specifics or disclose how you’re feeling. Your statements can later be used to downplay your claim.

What’s the deadline to file a car accident benefits claim?

There are a few key timelines to keep in mind:

7 days to notify the insurance company of your intent to apply for benefits
30 days to submit your accident benefits application package
2 years to file a tort lawsuit, if you’re pursuing further compensation

Missing deadlines doesn’t always mean losing your rights, but it can delay your claim or give insurance companies grounds to push back. If you’re injured, get medical attention promptly and seek help from an experienced Ontario lawyer who can help you sort it out.

Can I sue if the car accident was my friend’s fault?

If your injuries are serious and your losses exceed what SABS covers, you have every right to file a lawsuit. That might include:

Pain and suffering
Loss of future earnings
Ongoing care needs
Out-of-pocket costs beyond coverage caps

In most cases, your lawsuit targets your friend’s insurance provider, not your friend personally. Ontario auto policies are designed to absorb these situations. Insurance companies assign defense lawyers, handle settlement negotiations, and pay any resulting judgment (up to policy limits).

What if both drivers were at fault?

You don’t have to pick sides. If both your friend and another driver contributed to the crash, you can name both in your claim. Your lawyer can help sort out the percentage of fault and who pays what during settlement negotiations.

Passengers are almost never considered at fault in a car accident. The only common exception is not wearing a seatbelt. If that contributed to your injuries, your compensation might be reduced by a small percentage (typically 5% to 25%).

What are the limits of a personal injury lawsuit?

To sue for pain and suffering in Ontario, your injury must meet the province’s legal “threshold” of a serious and permanent impairment of an important function, or a permanent disfigurement. Even if you qualify, your award may be reduced by a statutory deductible ($46,790.04 in 2025) unless your damages award exceeds $155,965.54 (in 2025).

There’s no threshold for economic losses such as extended wage loss or future care costs, but you still need to prove the other party was negligent.

Will a claim affect my friend’s insurance?

If your friend caused the crash, their insurance premiums will likely go up, whether you claim benefits or not. It’s the fault designation that triggers a premium hike, not your use of the benefits system.

If another driver was at fault, your friend’s premiums usually won’t be affected at all. Also keep in mind that your friend’s auto policy is there for exactly this reason. If the roles were reversed, wouldn’t you want your friend to get the care and compensation they needed?

Let your friend know you’re not blaming them. Tell them you need to recover and that the insurance company (not them) is handling the financial part. Most people understand. Many even encourage you to make a claim. They’ve paid premiums for years for exactly this kind of situation.

If it’s too awkward, a lawyer can handle communication through the insurance company, sparing your personal relationship from added strain.

What should I do right after a car accident?

Start with your health. Go to the hospital if needed, follow your doctor’s advice, and keep records. Medical documentation will be vital to your case.

If you can, collect contact info, take photos, and report the accident to police (especially if there are injuries or over $2,000 in damage). These reports will support your claim.

Then, notify your insurance company within 7 days and request an accident benefits application. Fill it out carefully with the help of an Ontario car accident lawyer, and return it within 30 days.

If an insurance adjuster reaches out to you for a recorded statement, don’t give it to them without legal representation. Your lawyer can handle all communications and negotiations with insurance companies moving forward, so they can’t take advantage of you.

How do car accident benefits and lawsuits work together?

Think of accident benefits as your immediate safety net, covering medical bills and basic income loss. A lawsuit can fill in the gaps, compensating you for pain and suffering, long-term financial losses, and more.

However, some SABS payments may be deducted from your lawsuit award to avoid double recovery. For example, if you already received $20,000 in income replacement through SABS, that might be subtracted from a court-ordered wage loss award.

What if my case goes to court?

Most lawsuits settle before trial, especially for passengers. But in case yours doesn’t, here’s what to expect:

A statement of claim is filed: This formal legal document lays out your allegations, injuries, and what you’re seeking in compensation.
The defendant responds: The person or company you’re suing files a response either denying the claim or raising defenses.
Discovery begins: Both sides exchange evidence, documents, and witness lists. You may also give a deposition, which is a sworn interview recorded by a court reporter.
Settlement talks or mediation: Often, the two sides will negotiate directly or with a neutral mediator to try to resolve the case without going to trial.
Trial (if necessary): If no agreement is reached, your case will go before a judge or jury, who will hear the facts and determine the outcome.

Injured as a passenger in an Ontario crash? Get help from a trusted Toronto lawyer

If you were injured as a passenger in a car accident anywhere in Ontario, don’t let the insurance companies try to downplay your injuries or reduce your compensation. Get trusted legal help from an experienced Toronto car accident lawyer at Smitiuch Injury Law. Our experienced legal team is here to protect your rights and fight for the compensation you deserve. We’ve helped thousands of injury victims across Toronto, Brantford, Simcoe, and throughout Ontario, and we’re ready to help you too.

When you contact us for a free consultation, you’ll speak directly with a knowledgeable car accident lawyer who will listen to your story, answer your questions, and explain your legal options clearly and honestly. We’ll review the details of your car accident, help you understand what to expect, and outline a strategy tailored to your situation.

Plus, you never pay us out of pocket. We work on a contingency fee basis, which means you only pay if we recover compensation. Contact us today online or by phone to schedule your free consultation. We’ll come to you if needed, and we won’t stop fighting until we’ve helped you get justice.

“Mike was great & honest throughout the whole long process. Right from the first time we met him, he remained the same. Supportive and caring.” ⭐⭐⭐⭐⭐

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