Yes — as a passenger, you're almost always entitled to accident benefits after an Ontario car accident, and in many cases you have a stronger claim than either driver, since you couldn't have caused the crash. Here's how a passenger's claim works, and why it can involve more than one insurance policy at once.
If you were riding in a car that was involved in a collision, fault doesn't determine whether you're covered — Ontario's no-fault accident benefits system means you're entitled to benefits regardless of who caused the crash. And because you weren't behind the wheel of either vehicle, an insurer generally can't argue that you contributed to the accident, which is sometimes raised against drivers. Our step-by-step guide to what to do after a car accident covers the immediate steps that apply whether you were driving, riding along, or hit as a pedestrian.
As a passenger, your accident benefits claim generally goes through one of the following, roughly in this order:
Because more than one policy can potentially apply, figuring out who pays first isn't always straightforward — this is one of the areas where getting help early tends to save time and frustration. Whichever policy ends up responding, the accident benefits themselves work the same way they would for a driver: coverage for reasonable medical and rehabilitation treatment, income replacement if you're unable to work, and other benefits depending on the severity of your injuries. Our guide on accident benefits (SABS) in Ontario covers what's included in more detail.
Beyond no-fault accident benefits, a passenger who's injured may also be able to bring a claim against whichever driver — the one you were riding with, the other driver, or both — was at fault for the crash. This kind of claim can cover things like pain and suffering and lost income, separate from the accident benefits paid by an insurer. See our guide on how much you can claim for how these two types of compensation differ. It can feel awkward to consider a claim against a driver you know, such as a friend or family member, but remember that it's their insurance policy responding, not their personal savings. If both drivers deny responsibility, or point fingers at each other, that dispute is between their insurers — it generally doesn't stop you, as an injured passenger, from pursuing your own accident benefits in the meantime.
The same basic steps apply to passengers as to anyone else involved in a crash:
Because a passenger's claim can involve more than one insurance policy, and sometimes a claim against more than one driver, it's often worth a quick conversation with a personal injury lawyer, even for what seems like a straightforward case. Our guide on whether you need a lawyer after a car accident walks through when it makes sense and what it typically costs — usually nothing upfront, since most personal injury lawyers in Ontario work on contingency.
We're a free intake service for people injured in car accidents across Brampton, Mississauga, Caledon and the GTA. We're not a law firm — we connect you with vetted personal injury lawyers and registered physiotherapy clinics, and explain your options in plain language, in English, Punjabi, Hindi and French. No cost, no obligation, and someone is reachable 24/7.
Injured as a passenger and not sure which insurance policy applies to you? Call or message any time at (416) 418-7797, or request a free consultation on our site.
This article is general information, not legal advice. For guidance on your specific situation, speak with a licensed lawyer — we can connect you with one for free.
A free consultation takes one phone call — no cost, no obligation, and your insurer isn't notified.
This is general information, not legal advice — timelines and requirements depend on your specific situation.