On November 1, 2026, a 43-year-old Kingston woman, died in a three-vehicle collision on Highway 401 near Thickson Road in Whitby. Ontario Provincial Police charged one driver with offences that include impaired driving causing death and dangerous driving causing death. The charges are allegations and have yet to be proven in court.
After a fatal crash, families can be left dealing with police, insurers and funeral arrangements at the same time. In Ontario, two questions often come up early:
- Does an auto insurance policy provide death or funeral benefits?
- Can family members bring a civil claim for what they have lost?
Can a family bring a civil claim after a fatal crash?
A criminal case determines whether the Crown has proved the charges beyond a reasonable doubt, where a civil claim determines whether someone is legally responsible for the loss and what compensation may be payable. The civil court applies the balance of probabilities, meaning it asks whether a fact is more likely than not. A family can explore a civil claim while criminal charges are pending.
When someone dies because of another person’s fault or negligence, certain relatives may have a claim under section 61 of Ontario’s Family Law Act. Eligible relatives can include a spouse, children, grandchildren, parents, grandparents and siblings. Depending on the circumstances, a claim may include a sum for reasonable funeral expenses and compensation for the loss of care, guidance and companionship that the claimant might reasonably have been expected to receive from the person if the death had not occurred.
In a multi-vehicle collision, evidence such as dashcam footage, witness accounts and vehicle data can help establish how the crash happened and whose actions contributed to it. That evidence can be important when assessing an Ontario wrongful death claim.
Are death and funeral benefits available through auto insurance?
Where coverage applies, death and funeral benefits can be available without proving another driver was at fault. A death benefit may be payable to eligible survivors, while a funeral benefit may cover qualifying expenses up to the applicable limit.
Ontario made death and funeral benefits optional benefits as of July 1, 2026. Existing auto insurance policies generally renew with their prior coverage unless the policyholder agrees to changes in writing, so it is worth asking the deceased’s insurer to confirm what coverage was in force on the date of the crash. The eligibility rules are set out in Ontario’s Statutory Accident Benefits Schedule.
Our guide to the July 2026 Ontario accident benefits changes explains how the reforms affect new and renewing policies.
What should families do in the first few days following a fatal collision?
- Keep the police occurrence number. Save the investigating officer’s contact information and any correspondence you receive.
- Ask about footage promptly. If you know of a witness or a dashcam recording, pass that information to police.
- Contact the auto insurer as soon as reasonably possible. Ask what coverage applies, which forms to complete and when they are due. Keep copies of funeral invoices and insurance correspondence.
Most Ontario civil lawsuits must be started within two years of when the claim was discovered, subject to exceptions. Insurance and notice deadlines can come sooner, so check the applicable dates while the police investigation or criminal case is ongoing. See our guide to time limits for Ontario personal injury claims.
If your family has lost someone in a collision in Kingston or elsewhere in Eastern Ontario, Bergeron Clifford Injury Lawyers can help you understand the insurance coverage, your options and the deadlines that apply. You can contact us for a free consultation.
