Time restrictions for your right to sue for a motor vehicle accident

car accident

Dec 8, 2016

In Ontario, there are rigid time limits set out for the right to pursue a claim. If you have not started a lawsuit within the Ontario mandated limits, you may be unable to pursue your claim. These restrictions apply to disputes involving motor vehicle accidents, slips and falls, medical malpractice, assault and accident insurance, amoung others.

This is why it is essential to contact a personal injury lawyer as soon as you are able to when involved in a dispute. If you are an accident victim in Ontario, the following article outlines your time restrictions for pursuing a claim.

Basic limitation period to pursue a claim

In Ontario, the basic limitation period to pursue a claim is two years. However, dependent on the type of accident that you were involved in, there are time limits that also apply to actions that you should take. Your lawyer’s job is to build a strong case for your claim, if you contact them immediately they will be able to guide you through the actions you should take within the restricted time periods.

Time limits to sue for a motor vehicle accident

If you have been in a car accident there are notable time restrictions that come before the two year basic limitation period. For instance, if you intend to sue the other driver/drivers you must inform the driver(s) within 120 days of the accident. Time limits that you should be aware of in regards to a motor vehicle accident include:

  • Within 7 days of accident – you need to inform your accident benefits insurer of the accident
  • Within 30 days of accident – you need to complete an accident benefits application
  • Within 120 days of accident – you need to provide notice to driver(s) of your intention to sue
  • With two years of accident  –  if benefit denied, you need to sue/mediate and arbitrate your accidents benefits insurer
  • Within two years of accident – you need to sue the driver

There are a number of other accident situations where you need to act before two years of the accident. This includes if your motor vehicle accident was caused by a non-repaired road or slippery Municipal Road.

Contacting a Personal Injury Lawyer

It is important to be aware of the time limitations that you are under to bring a claim for a motor vehicle accident. Consult with a Niagara Personal Injury lawyer to receive the appropriate advice and to determine the best course of action to pursue your motor vehicle accident claim.