Individuals injured in Ontario Uber accidents face a sometimes confusing system of payment priorities set by Ontario law. Understanding the exact protections available to you under the Statutory Accident Benefits Schedule (SABS) is especially crucial now that Ontario Regulation 383/24 has moved benefits that used to be a required part of Ontario auto insurance coverage to optional status. At TSF Law, we help individuals injured in Uber accidents and other vehicle collisions throughout Ontario navigate their insurance claims. Call (905) 218-3668 to speak with a member of our Mississauga team today.
Are Insurance Claims Different in Uber Accidents?
The Financial Services Regulatory Authority of Ontario (FSRA) approves rideshare insurance products company by company, and the approved list is closed. As currently listed by FSRA, Uber’s Ontario product is provided by Economical Mutual Insurance Company. Lyft’s product is provided by Aviva Insurance Company of Canada. Several smaller platforms operating in Ontario appear on the same list, each paired with a named insurer.
Summary of Statutory Accident Benefits, Ontario Car Insurance, and Payment Priority
Individuals injured in Ontario Uber accidents may receive benefits under the Ontario Statutory Accident Benefits Schedule (SABS) according to the payment priority rules established by the Ontario Insurance Act, with additional considerations following Ontario Regulation 383/24.
- Section 268 of the Ontario Insurance Act establishes separate payment priority rules for occupants and non-occupants, determining which insurer is responsible for paying Statutory Accident Benefits after an Ontario Uber accident.
- Ontario Regulation 383/24, effective July 1, 2026, makes income replacement benefits, non-earner benefits, and caregiver benefits optional coverage and narrows the definition of an “insured person” for those optional benefits under the Statutory Accident Benefits Schedule.
- Ontario Regulation 283/95 governs insurer priority disputes, requires claimants to submit a completed application to only one insurer, establishes notice deadlines, and sets out important procedural rights for individuals involved in payment priority disputes.
TSF Law provides legal services for individuals throughout Ontario who have questions about Uber accident claims, Statutory Accident Benefits, and Ontario auto insurance payment priority rules.
Who Pays First? Occupant vs. Non-Occupant Claims in Ontario Uber Accidents
Section 268(2) of the Ontario Insurance Act sets two orders of priority for payment after an auto accident: one for vehicle occupants and one for non-occupants. These rules apply regardless of whether the vehicle involved is a rideshare, but rideshare status affects the likely configuration of the relationships between injured individuals, insured automobiles, and insurance providers.
Occupants
If the occupant of a rideshare vehicle is considered an “insured” person as defined in the Ontario Insurance Act under an Ontario insurance policy, then he or she files initially under the policy that already treats them as an insured person. The fact that they were in a rideshare vehicle instead of the vehicle under whose policy they are considered an “insured person” does not affect payment priority. If a vehicle occupant is not covered under any auto insurance policy, then he or she will file a claim with the insurer of the vehicle in which they were an occupant at the time of the crash. If the individual is not able to recover statutory accident benefits (SABs) under either of these rules, then he or she may file a claim with the insurer of any other vehicle involved in the same accident. In the last extremity, when all of these possibilities have been exhausted, the injured person may seek to recover under the Motor Vehicle Accident Claims Fund.
Non-Occupants
Non-occupants follow a similar tiered system. Even though they are not in any vehicle at the time of their injury, if a non-occupant is considered an insured person under any Ontario auto insurance policy, then the insurance company that issues the policy under which the individual is considered an insured person will have the primary responsibility for covering the individual’s SABs. If a non-occupant injured in an accident is not considered an insured person under any auto insurance policy, then the payment responsibility falls next to the insurer of the vehicle that struck the person. If coverage is for any reason not available at this juncture, the next tier to which the injured individual has recourse will be the insurer of any other vehicle involved in the accident. As with occupants, non-occupants who are unable to recover under any of these rules may at least submit their claims to the Motor Vehicle Accident Claims Fund.
What If There Is More Than One Insurer?
Because the definition of “insured person” for mandatory SABs under O. Reg. 34/10(1) covers the person named in the policy, his or her spouse, any dependants of the named insured or their spouses, anyone identified in the policy as a driver of the insured vehicle, and certain other parties (variable depending on the type of injury and whether the accident happens inside or outside Ontario), the chances are relatively high that an individual injured in an Ontario Uber accident might qualify to claim SABs pursuant to s. 268(2) of the Ontario Insurance Act under more than one policy. Section 268(4) places the choice of insurer and policy in these situations in the sole discretion of the claimant.
What About Optional Benefits?
From July 1, 2026, the following benefits are treated as optional under Ontario’s Statutory Accident Benefits Schedule (SABS):
- Income replacement benefits
- Non-earner benefits
- Caregiver benefits
Insurance companies are required to offer these optional benefits for purchase, but insurance customers are not required to purchase them, and they are not compulsory auto insurance coverage under the SABS.
Limiting Applicability of Optional Benefits
Because the optional benefits are not automatically removed from an existing policy, the mandatory-to-optional shift may ultimately have less impact for individuals injured in Uber accidents than another change, which applies immediately irrespective of your current policy terms. O. Reg. 383/24 has split the definition of an “insured person” for mandatory vs. optional benefits. Regardless of when a policy was purchased, the benefits now listed as optional in the amended SABS now apply only to the person named as the insured in the policy, his or her spouse and their dependants, and any other person listed as a driver in the policy documents.
Evaluating Your Options Prior to Filing a Claim
The more expansive definition of insured person, which could include a broader array of connections to the vehicle and specified considerations based on whether the accident occurred in Ontario, is not applicable. What this means for Uber accidents is that optional benefits will only be available to individuals who meet the narrower definition of an insured person for an auto insurance policy that includes those benefits. If you believe you may qualify under more than one policy, a member of the team at TSF Law may be able to help you review your options so that you can make your statutorily protected decision from a fully informed position.
How Does Rideshare Insurance Work?
Under the approved products, drivers, passengers, and vehicle owners are covered from the moment the app is turned on until the moment passengers exit the vehicle. Once the app is turned off, the personal automobile policy on the vehicle applies instead. App status therefore determines which insurer occupies the second “tier” of the payment priority system set out under the Ontario Insurance Act. A collision during a trip in progress points to the platform’s insurer. The same collision after the app was closed points to the driver’s personal insurer. Preserving trip records early is worth the effort, because the app log is the evidence that answers this question.
Payment Priority Disputes
Priority disputes are common in rideshare claims, because more policies are potentially in play than in an ordinary two-vehicle collision. Ontario Regulation 283/95 governs every dispute about which insurer must pay under section 268, and several of its provisions protect the injured person directly.
How To Start Your Claim
Send your completed application to one insurer only. Section 2.1(4),-The%20applicant%20shall) requires this, and applying to several insurers at once does not speed anything up. The insurer you choose is not permitted to refuse the completed application or redirect you to a different company under section 2.1(5). Under section 2.1(6), the first insurer to receive a completed application begins paying benefits while the dispute over priority is resolved.
An insurer that wants to shift responsibility faces a hard deadline. Section 3(1) bars an insurer from disputing its obligation to pay unless the insurer gives written notice within 90 days of receiving the completed application to every insurer it claims should pay instead.
Navigating Insurance Disputes After Uber Accidents
You are entitled to notice of that dispute as well, under section 4(1). Your response window is short. Section 5(1) gives you 14 days to state in writing whether you object to the transfer of your claim, and section 5(2) removes your right to object to any later transfer if you let those 14 days pass in silence. Consider speaking to an injury lawyer before you let this hard deadline slip by; under section 5(3), you may participate as a party in the proceeding that settles the dispute, and no agreement between the insurers binds you without your consent unless 14 days have passed since you were notified of the agreement and you have not started your own arbitration.
Establishing Your Procedural Priorities
The practical instruction for an injured person is straightforward. Submit the application to the insurer that appears correct on the facts you have, and make it your top priority to meet the notice and application deadlines in the Statutory Accident Benefits Schedule. Consider speaking with a lawyer, especially if you have any doubts about filing an objection to the transfer of your claim. The essential logic to remember is that choosing the wrong starting point can often be corrected, but missing a deadline poses a more significant challenge.
Speak With an Ontario Lawyer About Your Uber Accident Claim
Identifying the correct insurer, documenting app status, and applying within the required timelines can all be easier with guidance early in the insurance claim process after Uber accidents. TSF Law represents injured people across Ontario in accident benefits and injury claims. Call us today at (905) 218-3668 to arrange a consultation.
Helpful Frequently Asked Questions About Ontario Uber Accidents, Statutory Accident Benefits, And Payment Priority
The following frequently asked questions address common legal issues involving Ontario Uber accidents, the Statutory Accident Benefits Schedule, payment priority, and Ontario auto insurance claims.
What Are Statutory Accident Benefits In Ontario?
Statutory Accident Benefits are no-fault benefits available under Ontario’s Statutory Accident Benefits Schedule (SABS) that may provide medical, rehabilitation, income replacement, attendant care, and other prescribed benefits after an Ontario motor vehicle accident. Eligibility and available benefits depend on the Insurance Act, the applicable insurance policy, and whether mandatory or optional benefits apply.
Who Pays Statutory Accident Benefits After An Ontario Uber Accident?
Payment priority after an Ontario Uber accident is determined by Section 268 of the Ontario Insurance Act, which establishes a hierarchy of insurers responsible for Statutory Accident Benefits. Occupants generally first claim through an insurance policy under which they qualify as an insured person, followed by the insurer of the occupied vehicle, another involved vehicle’s insurer, or the Motor Vehicle Accident Claims Fund when no other coverage is available.
What Changed Under Ontario Regulation 383/24?
Ontario Regulation 383/24 changed the Statutory Accident Benefits Schedule by making several previously mandatory benefits optional beginning July 1, 2026, and by narrowing eligibility for optional benefits. Income replacement benefits, non-earner benefits, and caregiver benefits now require optional coverage, and the definition of an insured person for optional benefits is more limited than before.
Can Someone Qualify Under More Than One Ontario Auto Insurance Policy?
An injured individual may qualify as an insured person under more than one Ontario auto insurance policy, allowing multiple potential sources of Statutory Accident Benefits under Section 268 of the Ontario Insurance Act. When multiple policies apply, Section 268(4) generally gives the claimant the statutory right to choose the insurer from which to seek benefits.
How Does Uber Insurance Affect An Ontario Accident Claim?
Uber insurance applies while the rideshare application is active, and the driver’s personal automobile insurance generally applies after the application is turned off under the approved Ontario rideshare insurance framework. App status often determines which insurer occupies the applicable payment priority tier, making trip records and application logs important evidence during a claim.
How Should A Statutory Accident Benefits Claim Be Started?
A Statutory Accident Benefits claim should begin by submitting one completed application to a single insurer in accordance with Ontario Regulation 283/95. The receiving insurer generally cannot refuse the completed application solely because another insurer may ultimately have payment responsibility, and statutory deadlines remain important throughout the claims process.
How May TSF Law Assist After An Ontario Uber Accident?
Individuals with questions about Ontario Uber accidents, Statutory Accident Benefits, or payment priority may consider visiting with an experienced attorney at TSF Law to learn more about available legal options. The team at TSF Law works to help individuals understand Ontario auto insurance requirements, available benefits, applicable deadlines, and the legal processes that may affect an accident benefits claim.
