Should I admit fault after a car accident?

No. Stick to the facts and exchange information. Fault is determined by the insurers based on the evidence and the rules of the road — an admission at the scene can complicate your claim.

Do I file a claim with my own insurer or the other driver's?

Usually your own. Under no-fault and DCPD rules, your own insurer handles your damage regardless of who was at fault. In tort provinces you may separately pursue an at-fault driver.

Are accident benefits paid even if the crash was my fault?

Yes. Accident benefits cover your injury costs regardless of fault, so you should file them even if you were partly or fully to blame.

How long do I have to claim after a car accident?

Injury and accident-benefit claims often have short notice deadlines (days to weeks), separate from the general limitation period of roughly two years. Confirm the exact timelines for your province quickly.

Will my insurance go up after a claim?

An at-fault claim commonly affects your premium or claims-free discount; a not-at-fault claim usually has less impact. It varies by insurer and province.

Auto claim: what to do at the scene and after

At the scene, reporting, no-fault vs tort, injuries and accident benefits, and how to escalate a denied auto claim.

At the scene

Safety first — move to a safe place and check for injuries. Call police if anyone is hurt or there's significant damage. Exchange names, licence, insurance, and plate details with the other driver, and get contact information for any witnesses. Photograph the vehicles, their positions, the plates, the damage, and the road conditions. Describe the facts; don't admit fault — liability is for the insurers and, if needed, the courts to decide.

Reporting the claim

Notify your insurer promptly — most policies require prompt notice. Who handles it depends on your province:

Private-market provinces (Alberta, Ontario, Atlantic, territories): your own private insurer.
Public insurers: ICBC (BC), SGI (Saskatchewan), MPI (Manitoba).
Quebec: bodily injury goes to the public SAAQ; vehicle/property damage goes to your private insurer.

See the provincial auto guides for your system and regulator.

No-fault vs tort — what's normal

In no-fault and Direct Compensation–Property Damage (DCPD) systems, your own insurer handles your damage regardless of who caused the crash. That's how the system is designed — it is not a denial. In tort provinces you may also be able to pursue an at-fault driver for losses beyond your own coverage.

Injuries and accident benefits

Accident benefits (AB) cover your own injury costs — treatment, income replacement, and more — regardless of fault, so file them even if you were partly to blame. These benefits have their own application forms and short deadlines. In Ontario, AB disputes can go to the Licence Appeal Tribunal (LAT); in BC, many injury matters go through the Civil Resolution Tribunal (CRT).

If your claim is denied

Get the reason in writing, including the policy or statutory provision relied on. Then work the ladder: the insurer's internal complaints process, the General Insurance OmbudService (GIO), and your provincial regulator — plus the specialized tribunal for injury/AB disputes in your province. The Fight-Back Kit has letters for each step.

Deadlines

This is where auto claims trip people up: injury and accident-benefit claims carry strict notice and application deadlines that are often far shorter than the general (roughly two-year) limitation period. Some notice requirements run in days or a few weeks. Act fast and confirm the specific deadlines for your province and claim type with your insurer or a lawyer.

Need the letters?

Open the Fight-Back Kit templates →

Frequently asked questions

Should I admit fault after a car accident?: No. Stick to the facts and exchange information. Fault is determined by the insurers based on the evidence and the rules of the road — an admission at the scene can complicate your claim.
Do I file a claim with my own insurer or the other driver's?: Usually your own. Under no-fault and DCPD rules, your own insurer handles your damage regardless of who was at fault. In tort provinces you may separately pursue an at-fault driver.
Are accident benefits paid even if the crash was my fault?: Yes. Accident benefits cover your injury costs regardless of fault, so you should file them even if you were partly or fully to blame.
How long do I have to claim after a car accident?: Injury and accident-benefit claims often have short notice deadlines (days to weeks), separate from the general limitation period of roughly two years. Confirm the exact timelines for your province quickly.
Will my insurance go up after a claim?: An at-fault claim commonly affects your premium or claims-free discount; a not-at-fault claim usually has less impact. It varies by insurer and province.

Sources

Educational only — not legal advice. Deadlines vary by province and require confirmation.

Educational only — not legal advice. Deadlines vary by province and are being confirmed with legal review; verify yours. For large or complex disputes, involve a lawyer early. Robert is a mascot, not an advisor.

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