Car accident property damage: Small Claims Court in Ontario

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

Small Claims Court is not the first stop after most Ontario car accidents. Insurance rules decide who pays for vehicle damage. The court helps in the gaps: uninsured drivers, out-of-province vehicles, and damage to other property.

Call your insurance company first. If both vehicles have Ontario insurance, you claim your vehicle damage from your own insurer. When that section applies, the law does not let you sue the other driver for that damage.

When a court claim can fit

• The other vehicle had no insurance.
• The other vehicle was insured outside Ontario, by an insurer with no Ontario licence or undertaking.
• The damage is to property that is not a vehicle: a fence, a gate, a parked bicycle, a building.
• The dispute is about a repair, a tow, or storage fees. These are contract claims.
• Your deductible is part of the vehicle damage. When direct compensation applies, you cannot sue the other driver for it. Ask your insurer.

If you elected not to recover direct compensation under your policy, you cannot claim that damage from your insurer. The bar on suing the other driver still applies.

What to do

1. Report the accident to your insurer.
2. Photograph the damage, the scene, and the licence plates.
3. Get 1 or 2 written repair estimates.
4. Keep every invoice: repair, tow, storage, and rental.
5. Check the deadline: 2 years from the accident, in most cases.
6. If your claim fits the court, send a demand letter: /demand-letter.
7. Then fill in Form 7A, file it, and pay $108: /build/7a.

Common mistakes

• Do not sue the other driver for vehicle damage before you check the insurance rules.
• Do not decide alone to skip the insurance claim. Ask your insurer or get advice first.
• Do not mix injury into a property claim. Injury claims follow different rules; get legal advice.
• Do not lose the small records: the tow receipt, the storage invoice, the rental invoice.

When to get a lawyer

Get legal advice for any injury, or when the insurance answer is not clear. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines