2026 Changes to Ontario's Accident Benefits

By Kevin Souch and Camdin Kingsbury

When you are injured in a motor vehicle accident you may be entitled to make two separate claims. The one most people know about is the law suit against the at fault party or the tort claim. The second claim is known as the Accident Benefits claim and is available to most people injured in a motor vehicle accident regardless of fault. The Accident Benefits claim provides funding for treatment and covers some losses. The Statutory Accident Benefits Schedule (SABS) sets out what benefits are available to you.

The SABS are scheduled to undergo a major change on July 1, 2026, pursuant to Ontario Regulation 383/24. It is very important that anyone who carries an automobile insurance policy is aware of these changes. This Regulation is altering how motor vehicle accident victims can access support and what benefits may be available to them. The standard accident benefits entitlements before July 1, 2026, included:

• Medical, rehabilitation, attendant care benefit;
• Income Replacement Benefit;
• Caregiver Benefit;
• Non-Earner Benefit;
• Out of Pocket Expenses; and,
• Death and Funeral benefits.

Medical, rehabilitation and attendant care benefits will remain largely unchanged, but all other accident benefits listed above will become optional after July 1, 2026. If your policy is set to renew on or before July 1, 2026, it will renew with the same benefits and limits that you currently have.

After July 1, 2026 if you want coverage for any of the above listed benefits other than medical rehab, you will have to specifically ask that they be added to your policy. There will now be an additional fee for each benefit you wanted added to your policy. You will have far less coverage than you have had in the past unless you pay extra.

Another notable change is who is covered for these benefits. The SABS will now only apply to the policy holder, their spouse, dependents and any named drivers under the policy.

Unless you take action to include those benefits that were previously included in the policy you will lose your right to access those benefits. It is important that you discuss your needs with your insurance representative to make sure you have the proper coverage.

As always, if you have been injured in a motor vehicle accident (or any other incident), it is vital that you speak with an experienced personal injury lawyer without delay, like the team at Sorbara Law. Contact us today for a FREE CONSULTATION and remember, you don’t pay unless we win your case.