Jun 30, 2026
Big Changes Coming to Accident Benefits
By associate Ian Drong
Accident benefits in Ontario are about to undergo a major change. Many of the benefits available to victims of automobile accidents will no longer be mandatory coverage for insured individuals, now becoming a optional benefit. If you are uninsured and involved in a motor vehicle accident, your access to many benefits will be removed entirely.
What Changes are Coming?
Many of the embedded coverages provided to people injured in automobile accidents will no longer be mandatory inclusions when drivers renew or purchase automobile insurance policies in Ontario. As of July 1, 2026, coverage for income replacement benefits, non-earner benefits, housekeeping, and several other benefits will become optional. While these changes may have the effect of reducing the baseline cost of automobile insurance in the province, the ramifications of these changes will be significant going forward.
Mandatory coverage will now consist of just three benefits:
- Medical expenses
- Rehabilitation expenses
- Attendant care
These core mandatory benefits relate solely to an injured person’s medical needs following an accident, and none of the associated losses. The full list of benefits that will now only be available as an optional coverage includes:
- Income replacement benefits
- Non-earner benefits
- Caregiver benefits
- Lost educational expenses
- Visitor expenses
- Housekeeping and home maintenance services
- Damage to personal effects
- Death benefits
- Funeral expenses
Who Will Be Affected?
As important as which benefits will no longer be mandatory, is who will have the right to claim them.
Before the upcoming changes, anyone submitting a claim for accident benefits under a given policy had access to the full benefit of that policy. That will now be restricted to the named insured, their spouse, dependents, and those persons specified as drivers under the policy.
The effect of this change will be to restrict other individuals to claiming only the mandatory benefits. In effect, passengers, pedestrians, and cyclists no longer have access to the full gamut of accident benefit coverages, unless otherwise covered under a policy. This restriction is regardless of which optional benefits have been purchased by the policy holder of the vehicle involved in the collision.
The result will be a two-tiered system of coverage, where even those uninsured individuals who didn’t make a determination about coverage options, will be denied optional benefits.
This new accident benefits scheme will undoubtedly absolve some Ontarians of paying for duplicative or irrelevant coverage – for instance where an individual has a robust disability policy or is retired, they are unlikely to “opt in” for IRB coverage. The trickle-down effect of those savings will have significant implications for many other Ontarians. Passengers, pedestrians, and cyclists injured in motor vehicle accidents often rely on insurance coverage from a driver involved in the accident. Critical accident benefits coverage to these more vulnerable victims of car accidents will now be denied for anyone not covered under a policy including optional benefits.
Determining the Right Coverage for You
The upcoming changes will force Ontarians to make a decision about which coverage options are right for them. Although grounded in cost savings, people should determine their policy options based on more than just the bottom line.
Those taking out or renewing automobile insurance policies ought to consider what alternative coverage options are needed, not just for themselves, but also for their spouses and dependents.
In particular, the potential value of opting in for coverage of income replacement benefits could be significant. Factors to consider will include age, work status, alternative disability coverage, and remuneration. These factors will necessarily be weighed against the cost of the optional benefits.
While car accidents are rarely expected to occur, victims rely on accident benefits to support them in their recovery process. Failure to purchase these now optional benefits may leave people with a coverage gap. Lack of proper insurance coverage after a car accident can make supporting yourself, supporting your recovery, and supporting your family an extreme challenge during an already challenging time.
After an accident, it will be more important than ever to understand what coverages are available to you. At Bergmanis Preyra, we can help you understand your insurance policy and the types of accident benefit claims you are eligible to make.
You may also be eligible to pursue a tort claim against the at-fault driver. Where accident benefit policies no longer provide broad coverage options, consulting with the experienced counsel at Bergmanis Preyra early after an accident will help you appreciate your full legal rights. We can answer your questions and let you focus on your recovery.
Practical Effects for Practitioners
It will be a critical early step for accident benefits practitioners to obtain a copy of the injured party’s motor vehicle insurance policy. It will also be essential to review not just the date of the accident, but also the date of the policy renewal. Understanding the coverage options available to a claimant will necessarily guide your approach in handling their file.
At present, past optional coverages, primarily for increased policy limits, have not been commonly purchased. If these newly optional benefits remain at a low purchase rate, especially commonly disputed benefits like income replacement and non-earner benefits, it may have a related effect on appeals made to the Licence Appeal Tribunal.
If fewer benefits are available to claimants, it is logical that fewer disputes between claimants and their insurers will arise. From a positive standpoint, this predictive result may reduce the number of appeals to the LAT, and thereby potentially reduce the time frame to bring these disputes from application to decision. Quicker LAT determinations on disputed benefits would help claimants maximize their coverage within the 260-week window to pursue medical benefits.
Practitioners will need to monitor these changes to best support their clients.