Hit a moose on a Northern Ontario highway? You still have insurance coverage.
Know Your Rights
Hit a moose on a Northern Ontario highway?
You still have insurance coverage.
By Jeffrey J. Moorley | April 4, 2026 | White Macgillivray Lester LLP
Every spring, as the snow melts and moose are drawn to the salt-laden ditches along our Northern Ontario highways, a seasonal collision risk peaks. More than 400 moose-vehicle collisions are reported in Northwestern Ontario every year. A mature moose can weigh over 1,000 pounds. Its legs stand four feet off the ground. At highway speed, the vehicle strikes the legs and the body comes through the windshield. The injuries are often catastrophic — traumatic brain injuries, spinal cord damage, crushed bones, and worse.
I spent years driving these highways as a wildland fire ranger before I became a lawyer, and I have represented many people seriously hurt in these collisions. The question I hear most often is some version of this:
“There’s no one to sue, so there’s nothing I can do, right?”
Wrong. This is one of the most common — and most costly — misunderstandings in Ontario insurance law.
You do not need someone to sue in order to access insurance benefits
It is true that a single-vehicle collision — hitting a moose or deer, sliding off an icy road, striking a rock face — does not typically give rise to a tort claim. There is no at-fault driver to sue. But that does not mean you are without coverage.
Ontario has a no-fault statutory accident benefits system. If you are injured in an automobile accident in Ontario — any automobile accident, regardless of who caused it or whether anyone was at fault — you are entitled to accident benefits through your own auto insurance policy. These are not optional. They are not a bonus. They are statutory benefits that every Ontario auto insurance policy is required to provide under the Statutory Accident Benefits Schedule (SABS).
This means that if you are seriously injured after hitting a moose on Highway 11 at dusk, you have access to the same accident benefits as someone rear-ended by a distracted driver in city traffic.
What benefits are available
The specific benefits depend on the severity of your injuries, but they can include:
Income replacement
Up to 70% of your gross income if you are unable to work because of your injuries, subject to policy limits.
Medical and rehabilitation
Coverage for treatment including physiotherapy, psychological counselling, occupational therapy, and medical devices.
Attendant care
If your injuries require help with daily activities — bathing, dressing, meal preparation — attendant care benefits can help cover that cost.
Housekeeping and caregiving
If you can no longer maintain your home or care for dependants the way you did before the accident, benefits may be available.
Catastrophic injuries unlock significantly more coverage
In cases involving the most serious injuries — and moose collisions produce more than their share of these — a catastrophic impairment designation under the SABS can dramatically increase the benefits available to you. If your injuries meet the threshold for catastrophic designation, your medical and rehabilitation benefits can increase to $1,000,000, and your attendant care benefits can also increase to $1,000,000, both payable over your lifetime.
The difference between a non-catastrophic and catastrophic claim can be the difference between benefits that run out after two years and benefits that support you for the rest of your life. Pursuing that designation requires expert medical evidence — neuropsychological assessments, life care plans, and detailed documentation of the impact on your daily functioning. It is not something your insurance company will volunteer. It is something you need to pursue, usually with the help of a lawyer experienced in accident benefits claims.
What insurance companies will not tell you
Here is what happens in practice. You hit a moose. You are airlifted to hospital with serious injuries. Eventually, you file an application for accident benefits with your auto insurer. If you are lucky, some benefits start flowing. But what many people do not realize is:
- Your insurance company is not on your side. Their financial interest is in paying you as little as possible, for as short a time as possible. That does not change because the collision was with a moose instead of another vehicle.
- Benefits get cut off. Insurers routinely deny or terminate benefits — sometimes after independent medical examinations by doctors chosen and paid by the insurance company.
- Catastrophic designation must be pursued. If your injuries are serious enough to qualify, a catastrophic designation dramatically increases your coverage. But the insurer will not offer it. You have to apply for it and, often, fight for it.
- There are deadlines. You must apply for accident benefits as soon as possible after the accident, and generally within 30 days. Missing that deadline can jeopardize your coverage.
Spring is when the danger peaks
Research conducted on the Trans-Canada Highway near Wawa found that moose-vehicle collisions peak between May and July. The reason is sodium: moose are drawn to the salt-rich meltwater that pools in roadside ditches after the spring thaw. They are not coming to the road randomly — they are coming for the salt, and the road is in their way.
Studies have also found that the average nighttime detection distance for a moose is only 105 metres — and on low beams, just 74 metres. At 90 km/h, you cover 105 metres in about four seconds. If you are driving Northern Ontario highways at dusk or at night between now and August, you should know that the odds of encountering a moose on the road are higher than at any other time of year.
A few things that reduce the risk:
- Slow down at dusk and dawn, when moose are most active.
- Use high beams whenever oncoming traffic permits — they nearly double your detection distance.
- Watch the ditches, not just the road. A moose in the ditch is invisible until it steps onto the pavement.
- Do not swerve. If a collision is unavoidable, brake firmly and stay in your lane. Many of the worst injuries come from vehicles leaving the road.
- Wear your seatbelt. Always. Unbuckled occupants are eight times more likely to be seriously injured in a moose collision.
What to do if you are injured
Get medical attention immediately. Concussions, spinal injuries, and internal bleeding are not always obvious at the scene.
Report the collision to the OPP. A police report is essential for your accident benefits application.
Apply for accident benefits as soon as possible. Contact your auto insurance company and request an application for accident benefits. Do not assume that because there was no other driver, you have no coverage. You do.
Talk to a lawyer before accepting any denial. If your insurer denies benefits, cuts you off, or refuses to consider catastrophic designation, you have the right to dispute that decision through the Licence Appeal Tribunal (LAT). An experienced accident benefits lawyer can help you understand what you are entitled to and fight for it.
We can help
At White Macgillivray Lester LLP, we help people across Northwestern Ontario navigate the accident benefits system after serious injuries — including single-vehicle collisions where there is no one to sue. We know how these claims work, we know how insurers respond, and we know how to fight for the benefits our clients are entitled to. There is no cost for an initial consultation, and you do not pay us unless we recover benefits for you.
Call 807-344-1000 or reach out for a Free Consultation online.
Serving clients across Northwestern Ontario — from Sault Ste. Marie to Kenora.
Jeffrey J. Moorley
Partner, White Macgillivray Lester LLP
Aside from his time in Kingston for law school, Jeff has lived his entire life in Northwestern Ontario. He is the Northwest Director on the Ontario Trial Lawyers Association and was named Lakehead University’s Exceptional Alumni for 2024. Full bio →