When your child is hurt in a car accident, everything else fades into the background. In a moment, your world is turned upside down — filled with hospital visits, emotional stress, and a million questions. As a parent in Ontario, it’s natural to feel overwhelmed. But it’s also crucial to understand that you have legal rights — and options — to help your child recover physically, emotionally, and financially.

In this article, we’ll explain what Ontario parents need to know if their child is injured in a motor vehicle accident — and how a motor vehicle accident claim lawyer in Toronto can help you navigate the legal process and secure fair compensation.

1. Immediate Steps After the Accident

Your first priority is always your child’s health. After ensuring they receive medical attention, there are a few important steps to take:

Document the scene (if possible): Take photos, gather witness information, and keep a record of what happened.
File a police report if one wasn’t already done at the scene.
Report the accident to your insurance company – Ontario operates under a “no-fault” insurance system, which means your own insurer handles your benefits, regardless of who caused the crash.

2. Accident Benefits: Your Child Is Entitled Too

Under Ontario’s Statutory Accident Benefits Schedule (SABS), anyone injured in a car accident — including children — is entitled to receive accident benefits. These can include:

Medical and rehabilitation benefits
Attendant care if your child requires support with daily tasks
Income replacement, if your child is old enough to have been earning an income or was set to start a co-op job
Non-earner benefits for teens who can no longer participate in regular life activities (like school, sports, social events)
Educational expenses, if the injury causes missed schooling or special support is needed

Even if your child was a passenger, a pedestrian, or a cyclist, these benefits still apply.

3. Can You Sue the At-Fault Driver?

Yes — if another driver’s negligence caused the accident, you may be able to file a tort claim (a civil lawsuit) on behalf of your child. This is separate from accident benefits and may provide additional compensation for:

Pain and suffering
Loss of future income or earning potential
Ongoing therapy or long-term care
Loss of enjoyment of life

Ontario law has a threshold for suing in motor vehicle accidents. The injury must be considered a “serious and permanent impairment” of an important physical, psychological, or mental function. In the case of children, courts often take future impact into account very seriously.

4. Special Considerations When Children Are Involved

Children are treated differently under Ontario law. Here’s how:

Limitation Period: Normally, adults must file a lawsuit within two years of the accident. But for minors, the clock doesn’t start ticking until they turn 18 — unless a litigation guardian (typically a parent or guardian) brings the claim earlier.
Settlements Require Court Approval: If a settlement is reached, it must be reviewed and approved by an Ontario judge to ensure it’s in the best interest of the child.
Compensation May Be Held in Trust: Any money awarded may be held in a trust until your child turns 18, or managed under court direction.

5. What If the At-Fault Driver Was Uninsured or Unknown?

If your child was injured in a hit-and-run or the at-fault driver was uninsured, don’t panic. Ontario’s Motor Vehicle Accident Claims Fund (MVACF) may step in to provide compensation — though the process can be complex, and legal guidance is recommended.

6. Why Legal Advice Matters

Even though you may receive accident benefits automatically, insurance companies often limit or deny coverage, especially for long-term needs. An experienced personal injury lawyer can:

Help you access the full scope of benefits your child is entitled to
Represent you in dealing with the insurance company
File a lawsuit on your child’s behalf, if needed
Guide you through the court approval process for a settlement

Final Thoughts

Watching your child suffer is one of the hardest things a parent can go through. But you don’t have to go through it alone. Understanding your legal options empowers you to make the best decisions for your child’s future and ensures they get the care and compensation they deserve.

If your child has been injured in a car accident in Ontario, speak to a qualified personal injury lawyer as soon as possible. The road to healing may be long — but with the right support, you don’t have to navigate it alone.

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(DISCLAIMER: The information in this article does not necessarily reflect the views of The Global Hues. We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in this article.)