Being involved in a motor vehicle accident is physically, emotionally, and financially overwhelming. One of the most common concerns we hear is: Will making a personal injury claim increase my insurance premiums?
The answer depends primarily on fault, not simply on whether you bring a claim.
Below is what you need to know under Ontario law.
In Ontario, motor vehicle accident claims generally involve two separate components:
These systems operate differently and can affect insurance premiums in different ways.
Ontario’s Accident Benefits system provides no-fault coverage, meaning you can access benefits through your own insurer regardless of who caused the accident.
Accident Benefits may cover:
Even if you are found 100% at fault, you are still entitled to access these benefits.
In other words, premiums generally increase because of fault — not merely because you made a claim. That said, insurers assess risk holistically. Your premium can also be influenced by other underwriting factors, such as your overall claims history (even if prior claims were not at fault), your driving record, age, years of driving experience, address, vehicle type, and other risk indicators used by the insurer.
It is also important to note that insurers may adjust premiums for other unrelated underwriting reasons at renewal.
Fault for insurance purposes in Ontario is assigned under the Fault Determination Rules, a regulatory framework that applies standardized accident scenarios to determine responsibility.
These rules apply regardless of:
The purpose is to ensure consistency in how insurers assign fault for premium purposes.
A tort claim is a lawsuit against the at-fault driver for losses not fully covered by Accident Benefits, such as:
To bring a tort claim, you must not be 100% at fault.
If you are partially at fault, your damages may be reduced proportionally under Ontario’s contributory negligence principles.
If you are fully at fault, you generally cannot bring a tort claim for your own injuries.
If someone sues you and you are found at fault, your insurance premiums will likely increase.
In most cases, yes.
If you are injured and require treatment, income replacement, or rehabilitation support, the financial value of those benefits often outweighs any potential premium increase.
Paying for medical care out of pocket is typically far more costly than a future rate adjustment.
Additionally, some drivers carry accident forgiveness coverage, which may protect against premium increases after a first at-fault accident. You should confirm with your insurer whether this endorsement applies to your policy.
Under the Fault Determination Rules, drivers are often deemed at fault in situations such as:
However, fault is determined based on specific regulatory scenarios, and every case must be assessed individually.
Your insurance premiums typically increase because of fault, not because you pursued a personal injury claim.
If you are not at fault, accessing Accident Benefits or pursuing a tort claim will not usually raise your premiums.
If you are at fault, premiums may increase — but declining necessary medical and income support rarely makes financial sense.
At Gosai Law, we understand that no two cases are the same. If you have questions about fault, denied benefits, or whether pursuing a claim is the right decision, we are here to guide you.
Contact our office for a consultation to better understand your options.
