How Soon Should I File a Lawsuit after a Car Accident?

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How Soon Should I File a Lawsuit after a Car Accident?

Limitation countdowns in Ontario usually last for around two years. For this reason, there is a strict time restriction for when you must file a legal claim to be heard.

It's essential to remember that you only have two years from the time of the accident to file a lawsuit. The limitation countdown in Ontario commences on the date of the accident. Still, there are a few notable exceptions.

  • Physical abuse, sexual abuse, or violence victims decide when to file a lawsuit. The victim may not be in a position to file a lawsuit, but the court will nevertheless hear the matter.

  • There was municipal or governmental negligence that caused the accident. Claim notices must be sent to the local government within ten days after the incident.

  • You might sue for medical malpractice injuries at any moment. In this situation, you may not be able to discover the harm until after medical treatment. Medical injury claims aren't time-barred.

The Timeframe to File a Claim after an Accident

If you were injured in an accident, you must bring a claim in Ontario two years from the accident date. In certain situations, you must act quickly and file your claim for compensation within a certain period.

  • Collision with a motor vehicle

If you want your case involving a car crash to go well, you need to closely follow these steps:

First, get in touch with the driver who caused the accident right away. Generally, it’s best to wait no more than 120 days. It would help if you took the other driver to court to get the money you need to fix your car.

Then, you must tell your insurer and request compensation within seven days. Complete your application within 30 days. You have two years to file a case from when the insurance company turned down your application.

If the accident results in death or permanent disability, the victim's family is authorized to file a lawsuit on their behalf. They have two years to set in motion a suit as well. A lawsuit against the person at fault will be thrown out if it has been more than 15 years since the accident.

  • Hit and Run driver

You have 90 days to file a hit-and-run accident claim with the Motor Vehicle Accident Claims Fund. The application requires you to detail the extent of your injuries, document the damage to your vehicle, and include photographs as proof.

  • Claim against a business for an automobile accident

It is legal to file a lawsuit against the corporation and the employee driving the company vehicle that caused the accident if your car was damaged (employer). You have two years from the date of the incident to file a compensation claim.

As you can see, the number of days varies with each case; it is best to communicate with a personal injury attorney before taking legal action.

The Result of Prolonged Inaction

You should know how long you have after an accident in Canada to file a lawsuit, so you don't lose a possible win. There are several grounds why you shouldn't wait too long to act after getting your health back.

  • The sum provided by your insurance carrier may be insufficient to cover the costs of cleanup and repairs. You may squander your right to sue your insurer and collect any money due to you under the policy if you wait too long to take action.

  • The aftermath of an accident may become less noticeable as time goes on. Sooner or later, the witnesses will forget what they witnessed, or your wound will heal. In addition, if you wait too long, people could cleanse the accident scene of any evidence, and the camera footage or images could be misplaced or lost.

  • The defence attorney will have sufficient time to develop a case against you. As a result, you can get the blame for the incident.


You should hire a lawyer to provide a well-reasoned case with well-organized evidence and solid legal judgment. It would help if you put your health first now that you know how soon you should file a lawsuit in Canada after an accident. If you need to move the case further, have a friend or family member contact an experienced personal injury attorney.

If you need the services of car accident lawyers based in Medicine Hat, Hamilton Cahoon is here to help you. Lawyers at Hamilton Cahoon are among the best in Medicine Hat, Alberta, and can help you with a case involving an accident. To arrange a meeting with one of our attorneys, please contact us right away.