
Disability & Insurance Claims
Statutory Accident Benefits (SABS) in Ontarioaccident benefits claims and free consultation
Overview
Accident benefits regardless of fault and whatever else your policy bought
If you were injured in a car accident or any motor vehicle accident in Ontario, you are entitled to statutory accident benefits regardless of fault. Every Ontario auto policy must cover medical, rehabilitation, and attendant care treatment on a no-fault basis. Since July 1, 2026 the remaining benefits, income replacement among them, are optional purchases, so the policy decides the rest. At VC Lawyers, our experienced personal injury lawyers help accident victims across Ontario claim accident benefits, dispute insurer denials, and access every dollar they are owed under the statutory accident benefits schedule.
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What are statutory accident benefits
Three mandatory benefits and the rest by purchase
Statutory accident benefits (SABS) are the no-fault benefits payable under the statutory accident benefits schedule, and three of them are mandatory in every automobile insurance policy in Ontario: medical, rehabilitation, and attendant care. Every injured person involved in a motor vehicle accident in Ontario has the right to receive those three from their own insurer or, in certain cases, from the at-fault driver's insurer or the Motor Vehicle Accident Claims Fund, regardless of who caused the collision.
Understanding your rights under Ontario's SABS framework is critical because insurers frequently deny or limit accident benefits claims to reduce costs. Many accident victims do not know what accident benefits in Ontario they can claim, and insurance companies take full advantage of that.
Here is what is mandatory and what is not:
Medical and rehabilitation benefits, mandatory in every policy, covering physiotherapy, chiropractic care, massage therapy, occupational therapy, and all necessary medical treatment required as a result of the accident.
Attendant care benefits, also mandatory, funding professional nursing and home-care assistance for serious injury victims.
Income replacement benefits, optional since July 1, 2026, replacing lost income for injured persons who were employed at the time of the accident and can no longer work.
Non-earner benefits, optional, for those who were not employed at the time of the accident but can no longer carry on a normal life due to their injuries.
Caregiver benefits, optional, for accident victims who were the primary caregiver for a dependant at the time of the accident.
Housekeeping and home maintenance benefits, optional, funding household tasks the injured person can no longer perform.
Death and funeral benefits, dependant care benefits, and indexation are optional purchases as well, rather than automatic coverage.
Two further changes came in on July 1, 2026. Eligibility for the optional benefits was narrowed to the named insured, that person's spouse, dependants of either, and drivers listed on the policy, and only where the policy bought them. A struck pedestrian or cyclist outside that class has the mandatory three and nothing more, whatever the driver carried. And the auto insurer now pays medical and rehabilitation costs first, ahead of any extended health or employer plan. Having an experienced personal injury lawyer read your coverage matters more than it ever did.
Who is eligible for SABS in Ontario
Drivers, passengers, pedestrians, cyclists, riders, and visitors
You are eligible for SABS in Ontario if you were injured in a motor vehicle accident, and a wide range of injured persons can bring accident benefits claims. Eligibility does not depend on fault. The only general exception is where the injured person was committing a criminal offence at the time of the accident. Since July 1, 2026 there is a second question after eligibility: which benefits are actually available to you. The mandatory medical, rehabilitation, and attendant care benefits are available to everyone injured. The optional benefits reach only the named insured, that person's spouse, dependants of either, and drivers listed on the policy, and only where the policy purchased them.
Drivers and passengers
Anyone involved in a motor vehicle accident or car accident in Ontario can claim the mandatory medical, rehabilitation, and attendant care benefits under their own automobile insurance policy. Which optional benefits they can also claim depends on what that policy bought.Pedestrians
Injured in a motor vehicle accident, covered for the mandatory medical, rehabilitation, and attendant care benefits by the driver's insurer or your own auto insurance.Cyclists
Struck by a motor vehicle, entitled to the mandatory medical, rehabilitation, and attendant care benefits. The optional benefits reach you only if you are a person insured under a policy that purchased them.Motorcycle accident victims
Riders and passengers injured in a motorcycle accident claim under their own policy, so the benefits available to them depend on the optional coverage that policy includes.Uninsured individuals
Who can seek SABS through the Motor Vehicle Accident Claims Fund when no applicable auto insurance policy exists.Out-of-province visitors
Non-residents injured in a motor vehicle accident in Ontario may receive the mandatory benefits through the at-fault driver's policy.
SABS benefits
What you can claim in Ontario
Income Replacement Benefits
Income replacement is now an optional benefit. Since July 1, 2026 it is payable only where the policy purchased it, and only to the named insured, that person's spouse, dependants of either, and drivers listed on the policy. Where it was purchased, it replaces up to 70% of your gross weekly income to the maximum the optional benefit fixes, which under the standard option is $400 per week. Proof of income, including tax returns and pay records, is required to confirm your weekly entitlement. Our personal injury lawyers press insurers on self-employed and variable-income calculations, where the shortfalls are largest.Medical and Rehabilitation Benefits
Medical and rehabilitation benefits are mandatory in every Ontario auto policy, and since July 1, 2026 the auto insurer pays them first, ahead of any extended health or employer plan. They cover all reasonable and necessary treatment required as a result of your accident, including physiotherapy, chiropractic care, massage therapy, psychological counselling, and specialized equipment. The combined limit under a standard non-catastrophic claim is $65,000. For catastrophic injury victims, a Catastrophic (CAT) designation raises it to $1,000,000.Attendant Care Benefits
Attendant care is the third mandatory benefit, and it funds professional nursing and home-care assistance for accident victims who require help with daily activities following a serious injury. These benefits are especially important for catastrophic injury and serious injury cases and must be formally assessed and approved through the insurer. Our SABS lawyers fight to ensure every attendant care need is documented and fully funded.Non-Earner Benefits
Non-earner benefits are an optional purchase. Where the policy bought them, they provide weekly support for injured persons who were not employed at the time of the accident, including students, retirees, and full-time caregivers, who can no longer carry on a normal life as a result of their accident injuries. The amount is the amount that optional benefit fixes, which under the standard option is $185 per week.Caregiver and Housekeeping and Home Maintenance Benefits
Caregiver benefits compensate accident victims who were the primary caregiver for a dependant and can no longer fulfil that role due to their injuries. Housekeeping and home maintenance benefits fund household assistance when the injured person cannot manage domestic tasks following the accident. Both are optional benefits under the 2026 Optionality rules, so reading your policy is the only way to know whether they are available to you at all. Our SABS lawyers do that review at intake.
The Minor Injury Guideline
How insurers limit SABS benefits to $3,500
The Minor Injury Guideline (MIG) is one of the most significant barriers to fair accident benefits in Ontario. The MIG caps medical and rehabilitation benefits at just $3,500 for injuries classified as minor — including most sprains, strains, and whiplash injuries from a car accident. Insurance companies apply the MIG by default to the majority of accident benefits claims to limit their exposure.
Benefits based on MIG classification are frequently far below what the injured person actually needs. Avoiding this cap — and avoiding the delays and underpayment that come with it — requires immediate legal involvement.
Our SABS lawyers build the medical evidence needed to exit the MIG and access the full $65,000 non-catastrophic medical and rehabilitation benefits limit. If your insurer has placed you in the MIG, contact us immediately to avoid delays in your recovery funding.
Catastrophic impairment
Maximum SABS benefits for serious injury cases
For accident victims who have suffered the most serious injuries, a Catastrophic Impairment (CAT) designation unlocks the maximum level of accident benefits available under Ontario's statutory accident benefits schedule. A CAT designation increases medical and rehabilitation benefits to over $1,000,000 and significantly expands attendant care, caregiver, and rehabilitation benefits limits.
Catastrophic impairment is a formal medical and legal determination. Qualifying conditions include severe traumatic brain injuries, spinal cord damage, significant amputation, and other catastrophic injury categories. Insurers frequently dispute CAT designation applications — challenging the extent of your injuries and attempting to classify serious injury victims as non-catastrophic to limit their liability.
Our SABS lawyers have secured catastrophic impairment designations for accident victims across Ontario following initial insurer denials. If your injuries may meet the catastrophic injury threshold, contact us immediately — deadlines apply and missing them can permanently limit your access to accident benefits.

Where we work
Service areas
VC Lawyers serves clients throughout the Greater Toronto Area, including Toronto, North York, Scarborough, Etobicoke, Mississauga, Brampton, Oakville, Burlington, Vaughan, Richmond Hill, Pickering, Ajax, Whitby, Oshawa, Newmarket, and Aurora. We also represent clients across Ontario through video consultations and home/hospital visits when needed.
Languages spoken at the firm include English, Korean (한국어), Hebrew, Mandarin, and others depending on lawyer assignment.
Our office is located at 1110 Finch Avenue West, Suite 310, in North York, with parking and TTC access (Finch West subway and bus connections).
Why people choose VC Lawyers
The right firm handles everything so you can focus on recovery
Choosing the right personal injury law firm after an accident in Toronto can mean the difference between a lowball settlement and the full compensation you deserve.
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Looking for legal help? Speak directly with a lawyer
Tell us what happened and a lawyer will personally review your case. Personal injury consultations are free and there are no fees unless we win. For all other practice areas, a consultation fee applies.
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Disability Claim Lawyer Toronto
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Toronto Long-Term Disability Lawyers
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Toronto Non-Earner Benefits Lawyer
Optional SABS benefits for retirees, students, and stay-at-home parents.
Toronto Insurance Claim Lawyer
Bad-faith insurance handling and broader denial framework.
Personal Injury Claims Toronto
Return to the master practice area page.

