Losing a loved one in a car accident is devastating. In the days that follow, families are often faced with insurance calls, paperwork and difficult decisions, sometimes before the funeral has even been arranged. All of this comes at a time when you are grieving and trying to look after yourself and your family.
No amount of money can replace someone you love. However, Ontario law provides certain rights and financial protections to families who have lost a loved one in a fatal car accident. An experienced personal injury lawyer can help you understand those rights, deal with the insurance companies and protect your family’s interests.
At Bergeron Clifford, we help families across Ottawa, Kingston and Eastern Ontario navigate this difficult process.
How A Personal Injury Lawyer Can Help After A Fatal Car Accident
In the first few weeks, our priority is to identify what needs attention and take care of the legal and insurance matters so your family can focus on more important things. We will review the available insurance coverage, assist with applications for death and funeral benefits, and deal directly with the insurance companies on your behalf.
We also take steps to preserve important evidence, including dashcam footage, vehicle data and police collision records. This is particularly important because footage can be overwritten and vehicles may be repaired or destroyed. Acting early helps protect your family’s ability to pursue a claim.
Where necessary, we can also work with an estate lawyer to address matters involving the estate, including the appointment of an estate trustee and any claims the estate may have.
Death And Funeral Benefits After A Fatal Car Accident in Ontario
In Ontario, certain accident benefits may be available following a fatal car accident, regardless of who caused the collision. These can include death and funeral benefits to help families with the financial consequences of their loss.
However, changes to Ontario’s automobile insurance system took effect on July 1, 2026, making death and funeral benefits optional. Depending on when the policy was issued or renewed, these benefits may still be included.
That is why we review the insurance policy carefully. We determine what coverage was in place, whether the new rules apply and what benefits the family may be entitled to receive.
If your loved one survived for a period after the collision, additional benefits may also be available for medical treatment, care or lost income, depending on the circumstances and applicable coverage.
Who Can Make A Compensation Claim After A Fatal Car Accident in Ontario?
Under Ontario’s Family Law Act, certain family members may be entitled to compensation when a loved one dies because of another person’s negligence. These include spouses, children, grandchildren, parents, grandparents and siblings.
You do not have to be married to qualify as a spouse. Common-law partners may also qualify if they have lived together continuously for at least three years, or are in a relationship of some permanence and have a child together.
Depending on the circumstances, family members may be entitled to compensation for lost financial support, household services, childcare and certain expenses arising from the death. Importantly, a person does not need to have been employed for their family to have a claim. The loss of unpaid contributions to the household can also have significant financial consequences.
Family members may also seek compensation for the loss of care, guidance and companionship. This recognizes the personal loss experienced when a spouse, parent, child or other close family member dies.
Each family member’s claim is assessed individually, based on their relationship with the deceased and the losses they have suffered. These claims are separate from any claim that may be brought on behalf of the deceased’s estate.
Unlike many other motor vehicle injury claims in Ontario, qualifying claims for loss of care, guidance and companionship arising from a death are not subject to the usual statutory deductible.
Do You Have to Wait for the Police Investigation Before Making A Claim?
No. Your family can seek legal advice while the police investigation is still underway.
A police investigation and a civil lawsuit are separate processes. Criminal charges focus on whether someone committed an offence, while a civil claim determines who is legally responsible for the collision and what compensation may be available. You do not need to wait for criminal charges or a conviction to pursue a civil claim.
However, time limits apply. In Ontario, the general limitation period for starting a lawsuit is two years, although when that period begins and whether any exceptions apply will depend on the circumstances. Insurance benefit applications have their own deadlines, some of which are much shorter.
Even if you believe a deadline has passed, it is worth speaking with a lawyer. Depending on the circumstances, you may still have options.
What Happens When You First Call Bergeron Clifford Injury Lawyers?
You do not need a police report or all the answers before contacting us.
During our first conversation, we will discuss what happened, answer your questions and explain what legal options may be available to your family. We can also help identify any immediate steps needed to protect your rights.
If possible, keep any insurance documents, correspondence and receipts for expenses related to the collision. Don’t worry if you don’t have everything. We can help you gather the information we need.
If your family has lost someone in a collision, contact Bergeron Clifford to discuss your situation. We are here to help when you’re ready.
