When Is It Too Late to Claim Accident Benefits in Ontario?

What is the 7-day notice rule for accident benefits in Ontario?

If you are injured in a car accident in Ontario, you must notify your insurer of your intention to claim accident benefits within seven days of the accident — or as soon as practicable after that. This requirement comes from section 32(1) of the Statutory Accident Benefits Schedule (SABS). Missing this deadline does not automatically end your claim, but it puts you at serious risk of being barred from the Licence Appeal Tribunal entirely.

In Sutton v Definity Insurance Company, 2026 ONLAT 26-001004/AABS - PI (CanLII), the Tribunal was asked to decide whether a claimant who waited over four months to notify her insurer could still pursue accident benefits. The answer was no.

What happens if you miss the 7-day deadline?

Missing the deadline does not automatically bar your claim — but it shifts the burden onto you. Under section 34 of the Schedule, a failure to meet a time limit does not disentitle you to benefits if you can show a reasonable explanation for the delay. The onus is on the claimant to prove that explanation.

The Tribunal applies a two-part test drawn from earlier decisions: first, is the explanation credible (believable on the facts)? Second, is it objectively reasonable (what would a reasonable person in your position have done)? Both parts must be satisfied. Ignorance of the law alone is not enough.

What counts as a reasonable explanation for a late notice?

A reasonable explanation is one that is both believable and supported by evidence. In the Sutton case, the claimant said she had no symptoms immediately after the accident and only connected her pain to the collision several months later when her condition worsened. The Tribunal found this explanation was not credible because the medical records available did not link her symptoms to the accident until after she had already filed her application — and one record suggested a different cause for her knee pain entirely.

The Tribunal also noted that the claimant had pre-existing conditions affecting the same areas of her body where she later reported injury. A reasonable person with that medical history, the Tribunal found, would have consulted a doctor and reported the accident promptly. Submissions from a lawyer or paralegal are not a substitute for corroborating medical evidence.

Does prejudice to the insurer matter?

Yes — the Tribunal weighs prejudice to the insurer as part of the reasonableness analysis. When an insurer receives late notice, it loses the opportunity to investigate the accident while details are fresh, obtain a contemporaneous account from the claimant, and assess the claim against an uncontaminated medical baseline. In this case, the insurer argued — and the Tribunal accepted — that the claimant’s pre-existing health conditions made the late notice especially prejudicial because it was harder to distinguish accident-related injuries from pre-existing ones.

The claimant made no submissions about hardship she personally suffered as a result of the delay. That absence weighed against her.

What is section 55 and why does it matter?

Section 55(1) of the Schedule is the provision that actually bars a claimant from proceeding at the Tribunal. It states that an insured person cannot apply to the LAT if they failed to notify the insurer within the required time limits — unless they have a reasonable explanation. Because the Tribunal found no reasonable explanation here, it applied section 55(1) and dismissed the application entirely. The scheduled two-day hearing on the merits was vacated.

This is a significant outcome. It means the claimant cannot pursue any of her accident benefit claims at the LAT, regardless of the underlying merits of those claims. Our Ontario accident benefits lawyers regularly advise clients on how these procedural rules interact with the substance of a claim.

Does this apply to gradual-onset injuries?

Gradual-onset injuries present a genuine challenge under the SABS notice rules. The seven-day clock runs from when the circumstances giving rise to a benefit claim arise — not necessarily when a formal diagnosis is made. If your symptoms develop slowly over weeks or months, you may not know you have a claim right away. However, the Tribunal expects claimants to act as soon as practicable once they do connect their symptoms to the accident, and to support that connection with medical evidence.

In this case, the absence of any medical record linking the claimant’s condition to the accident — until two weeks after she filed her application — was fatal to her position. Anyone involved in a motor vehicle accident in Ontario, even one where symptoms seem minor at first, should consider speaking with a lawyer about their rights early. Our Ontario motor vehicle accident lawyers can help you understand the timelines that apply to your situation.

Questions and records to discuss with a lawyer

• When exactly did you first notice symptoms after the accident, and do any medical records document that timeline?
• Did any treating health professional connect your symptoms to the accident, and if so, when?
• Have you notified your insurer of the accident, and do you have written confirmation of that notice?
• Do you have pre-existing conditions affecting the same parts of your body where you are now experiencing symptoms?
• Were there any circumstances — such as a hospital stay or a family emergency — that may have affected your ability to notify your insurer promptly?

If you have questions about accident benefit timelines or a denied claim, the team at UL Lawyers is available to discuss your circumstances. You can reach us through /connect.

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This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.