If you were injured as a passenger in a car accident, you may be entitled to financial compensation for your injuries and losses. Injured passengers can have important rights under Ontario law, even though they were not driving and had no control over how the collision occurred. Depending on the circumstances, you may be able to make an accident benefits claim and potentially pursue additional compensation from an at-fault driver.
The process can involve several sources of insurance coverage. Depending on your situation, benefits may be available through your own auto insurance policy, the insurance policy covering the vehicle you were travelling in, or another applicable policy. If you were injured in a car as a passenger, it is important to understand which benefits may be available, whether you have grounds to seek compensation beyond accident benefits, and the steps you should take following the collision. Speaking with an experienced Ontario car accident lawyer can help you understand your rights and the potential value of your claim.
Can a Passenger Make a Personal Injury Claim After a Car Accident in Ontario?
Yes. A passenger who sustains injuries in an Ontario car accident may be able to make a personal injury claim against the person or parties responsible for the collision. Because a passenger generally is not operating either vehicle, determining liability typically focuses on the conduct of each driver and other parties who may have contributed to the crash.
For example, if the driver of the vehicle you were travelling in caused the collision, you may be able to pursue a claim arising from that driver’s negligence. If another driver caused the crash, a claim may instead be brought against that driver and potentially other responsible parties. In some collisions, more than one driver may share responsibility.
A passenger may also have access to Ontario’s statutory accident benefits system, regardless of who caused the collision. Accident benefits are separate from a lawsuit against an at-fault party and may provide benefits relating to medical treatment, rehabilitation, income replacement and other eligible expenses, subject to the applicable rules, limits and insurance coverage.
For a motor vehicle accident claim involving a lawsuit against an at-fault party, Ontario imposes important limitation periods. Passengers have two years to file a lawsuit in Ontario. Generally, this two-year limitation period runs from the date the claim was discovered, which is often the date of the accident, although exceptions can apply depending on the circumstances.
A passenger should not assume, however, that they have two full years to take every required step. Other deadlines and notice requirements can apply to accident benefits, claims involving municipalities and certain other situations. Getting legal advice as early as possible can help protect your rights, preserve evidence and ensure that important deadlines are not missed.
Who Is Responsible for a Passenger’s Injuries?
Determining who is responsible for a passenger’s injuries after a car accident in Ontario depends on how the collision happened and who was negligent. In many cases, an injured passenger may have a personal injury claim against the at-fault driver. This could be the driver of the vehicle in which the passenger was travelling, the driver of another vehicle, or multiple at-fault parties.
For example, if you were a passenger in a vehicle and your driver caused the accident by speeding, following too closely, making an unsafe turn or otherwise driving negligently, that driver may bear some or all of the legal responsibility for your injuries. The fact that you are a friend, relative or family member of the driver does not, by itself, prevent you from pursuing an Ontario car accident injury claim.
Similarly, if another motorist caused the collision, the injured passenger may have a claim against that at-fault driver. In a multi-vehicle accident, responsibility can also be divided among more than one negligent party. Ontario law provides mechanisms for determining the respective liability of people who contributed to the damages, so identifying every potentially responsible party can be an important part of a passenger injury claim.
What If the Passenger’s Driver Was at Fault?
Being injured while riding with the driver who caused the accident can understandably create confusion. However, a passenger’s right to pursue compensation does not disappear simply because the at-fault driver was driving the vehicle they were riding in.
In practice, an automobile liability claim is generally defended and paid through the applicable auto insurance policy, subject to the policy’s coverage and limits. Ontario requires automobile owners to carry third-party liability coverage, which is designed to respond to legitimate claims when an insured person is legally responsible for another person’s injury or property damage.
This means that a passenger injured because of a driver’s negligence may potentially seek damages through a car accident lawsuit, subject to Ontario’s automobile insurance legislation and the specific facts of the case.
What If More Than One Driver Caused the Accident?
Not every motor vehicle accident has a single at-fault driver. Two or more drivers may have contributed to a collision. For example, one driver could have made an unsafe manoeuvre while another was speeding or otherwise failed to take reasonable steps to avoid the crash.
When multiple parties contributed to a passenger’s injuries, liability can be allocated according to the applicable Ontario negligence and insurance laws. An experienced Ontario personal injury lawyer can investigate the collision, review the available evidence and identify the parties who may be legally responsible.
Evidence used to determine car accident liability may include police reports, photographs and video of the accident scene, witness statements, vehicle damage, medical documentation, dashcam footage and, where appropriate, expert evidence or accident reconstruction.
Accident Benefits Are Different From an At-Fault Claim
Passengers should also understand the difference between a tort claim against an at-fault driver and a claim for statutory accident benefits. Ontario accident benefits may be available to an injured person regardless of who caused the accident. The Insurance Act also establishes priority rules for determining which insurer is responsible for paying accident benefits to an occupant of a vehicle.
The benefits available depend on the applicable policy, the date the policy was entered into or renewed, the injuries sustained and any optional coverage purchased. This distinction is particularly important following Ontario’s July 1, 2026 auto insurance changes: for policies entered into on or after that date, medical, rehabilitation and attendant-care benefits remain mandatory, while several other accident benefits are optional.
A passenger who has suffered serious injuries may therefore have rights under the accident benefits system while also having a potential personal injury lawsuit against an at-fault driver. These are separate avenues of compensation, and Ontario law contains rules governing how accident benefits interact with damages recovered through a lawsuit.
Because every passenger car accident claim in Ontario is different, determining liability requires a careful review of the collision, the available insurance coverage and the nature and extent of the passenger’s injuries.
What Insurance Covers an Injured Passenger in Ontario?
If you are injured as a passenger in an Ontario car accident, you may be entitled to statutory accident benefits even though you were not driving. Ontario’s accident benefits system provides certain benefits regardless of who caused the collision. However, determining which insurer must respond depends on Ontario’s insurance priority rules and your individual circumstances.
An injured passenger should not automatically assume that the insurer covering the vehicle they were riding in will pay their benefits. Ontario’s Insurance Act establishes priority rules that determine which insurer is responsible. The applicable insurer can depend on whether the injured person is insured under their own automobile policy or qualifies as an insured person under another policy.
What Accident Benefits Can an Injured Passenger Receive?
If you suffer injuries, mandatory medical, rehabilitation and attendant care benefits may help pay eligible expenses related to your recovery. This can include certain treatment, rehabilitation services, medication and assistive devices, subject to the applicable rules and coverage limits.
These benefits can be especially important if you require ongoing medical attention or experience lasting symptoms such as chronic pain. Available coverage depends on factors including the nature of the injuries, the applicable insurance policy and any enhanced coverage purchased.
For policies entered into or renewed on or after July 1, 2026, Ontario’s standard mandatory medical, rehabilitation and attendant care coverage generally provides up to $65,000 for non-catastrophic impairments and $1 million for catastrophic impairments. Different rules may apply to policies under the previous system.
What Are Optional Accident Benefits?
Ontario’s accident benefits system changed on July 1, 2026. Medical, rehabilitation, and attendant care benefits remain mandatory, while several other benefits have become optional for policies under the new regime.
These optional benefits include income replacement, non-earner, caregiver, housekeeping and home maintenance, lost educational expenses, expenses of visitors, death and funeral, dependant care and indexation benefits. Whether these benefits are available depends on the applicable policy and the injured person’s status under that policy.
Importantly, someone who is simply a passenger in another person’s vehicle should not assume that all optional benefits purchased under that vehicle’s insurance policy automatically apply to them.
A personal injury lawyer can provide guidance and help you get the compensation and justice you and your family.
Can a Passenger Also Claim Against the At-Fault Driver?
Accident benefits are only one potential source of compensation. If another person’s negligence caused the collision, an injured passenger may also have a personal injury claim against the at-fault party.
Depending on the circumstances and Ontario law, a passenger suffering damages may be able to seek compensation for legally recoverable losses through a lawsuit. Ontario’s automobile insurance system includes specific thresholds, deductibles and other rules affecting certain damages, so compensation is not automatic.
If you are involved in an accident as a passenger and suffer injuries, determining which insurance coverage applies can be complicated. Obtaining legal guidance from an Ontario car accident lawyer can help identify the appropriate insurer, determine which accident benefits may be available and assess whether you also have a personal injury claim against an at-fault party.
What If I Was a Passenger in a Taxi, Uber or Rideshare?
If you were injured as a passenger in a taxi, Uber, Lyft or another rideshare vehicle in Ontario, you may still have rights to accident benefits and, where another party was negligent, a potential personal injury claim. Being a paying passenger does not prevent you from seeking compensation simply because the accident occurred during a commercial or rideshare trip.
Insurance coverage for rideshare vehicles differs from ordinary personal auto insurance. Ontario regulators have approved specific insurance products for certain ridesharing companies. As of August 2026, FSRA lists approved rideshare insurance products for Uber, Lyft, EZ Ride, RideCo and Uride. For example, Uber’s approved product is provided by Economical Mutual Insurance Company, while Lyft’s is provided by Aviva Insurance Company of Canada.
This specialized coverage matters because a standard personal auto insurance policy may not provide ordinary coverage when a vehicle is being used to carry paying passengers through a ridesharing service. Passengers should therefore avoid assuming that the driver’s personal insurance policy is necessarily the policy that responds to the accident.
What Compensation May Be Available to an Injured Rideshare Passenger?
If you suffer injuries while travelling as a passenger, you may be eligible for statutory accident benefits, including mandatory medical, rehabilitation and attendant care benefits. These benefits are available regardless of who caused the accident, although the applicable insurer and available coverage must be determined based on Ontario’s insurance rules and the policies involved.
Passengers should also be aware of Ontario’s July 1, 2026 accident-benefit changes. Medical, rehabilitation and attendant care benefits remain mandatory, while other benefits, including income replacement and several other categories, are optional under policies subject to the new rules. Eligibility for optional benefits depends on the applicable policy and the injured person’s status under that policy.
If an Uber driver, taxi driver, rideshare driver, or another motorist caused the accident through negligence, an injured passenger may also have a tort claim for legally recoverable damages. This is separate from a statutory accident benefits claim and can involve determining which driver or other party was legally responsible for the collision.
What Should You Do After a Taxi or Rideshare Accident?
If you are injured while riding in an Uber, Lyft, taxi or other rideshare vehicle, seek appropriate medical attention and document the collision as carefully as possible. Save information identifying the driver and vehicle, screenshots or receipts confirming your trip, photographs, witness information and any available insurance information.
Rideshare accident claims can involve multiple insurance policies and questions about which coverage was in effect at the time of the collision. Speaking with an Ontario car accident lawyer can help determine which insurer should be notified, what accident benefits may be available and whether you have grounds for a personal injury claim as an injured passenger.
How Much Compensation Can a Passenger in a Car Accident Get?
There is no fixed amount of compensation for a passenger injured in a car accident in Ontario. The value of a passenger injury claim depends on factors such as the severity and permanence of the injuries, the effect on the person’s ability to work and function, future care needs, available insurance coverage and the evidence supporting the losses.
Depending on the circumstances, an injured passenger may be able to claim compensation through statutory accident benefits and, where another party was negligent, through a civil tort claim. These are separate parts of Ontario’s automobile insurance system and different rules apply to each.
Compensation in a tort claim may include:
- Pain and suffering: Ontario law restricts recovery of non-pecuniary damages in automobile cases. Generally, an injured person must have died or sustained a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function. A statutory deductible can also apply to qualifying awards.
- Loss of income and earning capacity: Serious injuries may result in past or future income losses. Ontario’s Insurance Act contains specific rules governing how income loss and loss of earning capacity are recoverable in an automobile lawsuit.
- Health-care expenses: Certain past and future health-care expenses may be recoverable in a tort action where the statutory requirements are satisfied. Amounts received or available through applicable benefits can affect the amount ultimately recoverable.
- Other financial losses: Depending on the circumstances and supporting evidence, other legally recoverable financial losses caused by the accident may form part of the claim.
Accident Benefits Can Also Provide Compensation
An injured passenger may qualify for statutory accident benefits regardless of who caused the accident. These benefits are separate from compensation pursued against an at-fault driver and can help cover eligible treatment and rehabilitation costs, sometimes casually described as medical bills, subject to the terms, limits and requirements of the applicable coverage.
For policies entered into on or after July 1, 2026, medical, rehabilitation and attendant care benefits remain mandatory. Other benefits, including income replacement and non-earner benefits, are optional. Importantly, optional benefits do not automatically apply to every passenger; eligibility depends on the coverage purchased and whether the injured person falls within the categories covered by the applicable policy.
The applicable accident benefits insurer is not necessarily the driver’s insurance policy simply because the passenger was travelling in that driver’s vehicle. Ontario has statutory priority rules for determining which insurer pays accident benefits. Depending on the circumstances, coverage may involve the injured passenger’s own insurance policy or another applicable automobile policy.
What Determines the Value of a Passenger Injury Claim?
Two passengers in the same collision can have claims with very different values. A passenger who recovers quickly will generally have a different claim from someone who develops permanent impairments, chronic pain, significant income loss or substantial future care needs.
For this reason, it is not possible to accurately determine how much compensation an injured passenger will receive without reviewing the injuries, medical evidence, prognosis, financial losses, applicable accident benefits, liability and available insurance coverage. An experienced Toronto car accident lawyer can assess these factors and determine what compensation may be available through accident benefits and a potential civil tort claim.
What If I Wasn’t Wearing a Seat Belt?
If you were not wearing a seat belt when a car accident occurred, you may still be able to make a personal injury claim in Ontario. However, failing to wear a seat belt can affect the amount of compensation you receive if it is proven that your failure to wear it contributed to the injuries or made them more severe. Under Ontario’s Negligence Act, damages can be reduced according to the injured person’s degree of fault where their negligence contributed to the damages.
Ontario law generally requires passengers aged 16 and older to properly wear an available seat belt. Drivers are responsible for ensuring passengers under 16 are properly secured, subject to limited exceptions.
Importantly, not wearing a seat belt does not automatically prevent you from receiving compensation. Whether it affects your damages depends on the evidence and the circumstances of the accident, including whether wearing a seat belt would have prevented or reduced the injuries you suffered.
How Long Do I Have to Make a Passenger Injury Claim in Ontario?
In Ontario, a passenger injured in a car accident generally has two years from the date the claim was discovered to start a personal injury lawsuit. In many car accident cases, that will be the date of the collision, but Ontario’s Limitations Act contains rules that can affect when a claim is considered discovered. This is why injured passengers should not simply assume they have two full years in every case.
There are also much shorter deadlines if you want to claim accident benefits. Under Ontario’s Statutory Accident Benefits Schedule, you generally must notify the appropriate insurance company of your intention to apply for benefits within seven days of the circumstances giving rise to entitlement, or as soon as practicable afterward. Once the insurer provides the application forms, the signed application generally must be submitted within 30 days of receiving them.
These deadlines can be particularly important when passenger claims involve ongoing medical care, rehabilitation expenses or lost wages. Since Ontario’s July 1, 2026 auto insurance reforms made several accident benefits optional, including income replacement benefits, the specific benefits available will also depend on the applicable insurance coverage and eligibility requirements.
If you are wondering how to claim as a passenger in a car accident, it is best to act promptly. Report the accident, seek appropriate medical care, preserve evidence and determine which insurer should receive your accident benefits application. A Toronto personal injury lawyer can also identify the deadlines that apply to your specific circumstances and help protect your right to pursue compensation.
Contact Bergel Magence Personal Injury Lawyers
If you were injured as a passenger in a car accident in Ontario, you do not have to navigate the claims process alone. The experienced personal injury lawyers at Bergel Magence can review your accident, explain your legal options and help determine which insurance company should respond to your claim. We can also help you claim accident benefits and determine whether you may have a separate claim against an at-fault party.
Passenger accidents can be particularly difficult when the driver responsible for the collision is a friend or family member. However, you should not allow a personal relationship to prevent you from obtaining legal help or understanding your rights. In many cases, the applicable automobile insurer responds to a covered liability claim, subject to the terms and limits of the policy and Ontario law.
Bergel Magence can assist with passenger claims involving serious injuries, lost income, rehabilitation needs, medical expenses and other accident-related losses. Our team can deal with insurers, gather evidence, assess potential sources of compensation and help you understand the time limits that apply to your particular case. Ontario car accident claims can involve strict timelines, so obtaining advice promptly can help protect your legal rights.
Bergel Magence has represented injured people in Toronto and across Ontario for more than 50 years and offers free, no-obligation consultations. If you or a loved one was injured as a passenger, contact Bergel Magence Personal Injury Lawyers today for a free consultation to learn about your options and the next steps in your claim.
