Does Homeowners Insurance Cover ATV Accidents?

ATVs are a common sight on rural properties, cottage trails, and private land in Ontario. But when an accident happens, the legal and financial implications can be complicated—especially when it comes to insurance coverage. Many ATV owners assume their homeowners insurance will cover injuries or property damage caused by an ATV accident on private land, but that’s not always the case.

Ontario law treats ATVs as off-road vehicles, meaning they are subject to regulations under the Off-Road Vehicles Act. As with virtually any other type of accident claim, legal and insurance implications depend entirely on the specific details of the incident. The question of who pays for medical expenses, property damage, or liability claims can become a legal minefield.

 

Common Questions About Insurance Coverage Limits

When Does Homeowners Insurance Cover ATV Accidents?

Your homeowners insurance may provide some coverage for an ATV accident, but only under specific conditions.

1. The ATV is used exclusively on the insured property. If an ATV is only operated on private land and never taken on public roads or trails, some homeowners insurance policies may provide limited coverage for property damage or injuries.
2. The policy includes liability coverage for recreational vehicles. Some home insurance policies offer liability coverage for accidents involving off-road vehicles, but only if the ATV is not required to be registered or insured separately under Ontario law.
3. The accident does not involve a third party’s property or injuries. If an ATV damages the homeowner’s own property—such as hitting a fence or outbuilding—the policy may cover the repair costs. 

 

When Does Homeowners Insurance NOT Cover ATV Accidents?

Most ATV accident claims are not covered by home insurance, particularly when:

• The ATV is used off the insured property, such as on public roads, trails, or a neighbour’s land.
• The ATV is involved in a collision with another motor vehicle (e.g., a car, truck, or motorcycle).
• The ATV is required by law to be insured separately (which is the case for most ATVs in Ontario).
• The accident involves bodily injury or property damage to another person who is not covered under the homeowner’s policy.
• The ATV is used in a way that violates policy terms, such as carrying too many passengers or being driven by an unlicensed or underage rider.

 

Does Ontario Require ATV Insurance?

Yes—Ontario law requires ATV insurance in most cases. According to the Off-Road Vehicles Act, an ATV must be insured if it is operated anywhere other than private property. This means that if an accident occurs on:

• Public roads
• Designated off-road trails
• Crown land
• A neighbour’s private property (without permission)

…the ATV must be covered by an auto insurance policy, similar to a car insurance policy. If the ATV owner does not carry adequate insurance, they could be personally liable for medical bills, property damage, and legal costs.

 

What Insurance Covers an ATV Accident?

Different insurance policies may provide coverage after an ATV accident:

 

1. ATV Insurance 

A separate ATV insurance policy is the best way to ensure full coverage. It typically includes liability insurance for injuries or property damage caused to others, comprehensive coverage for theft, vandalism, or natural disasters, and collision coverage to repair or replace the ATV after an accident—even if the rider is at fault. Many policies also offer medical payments coverage, which helps cover ambulance fees, medical bills, and rehabilitation costs.

 

2. Auto Insurance 

An ATV accident can be considered a motor vehicle accident depending on the circumstances. In many cases, where an ATV is hit by a car or other motor vehicle, the at-fault driver’s auto insurance may cover injuries and property damage.

 

3. Health Insurance 

Does health insurance cover ATV accidents? Yes, it may cover some of your medical expenses and possibly some basic income replacement depending on your policy..  If you have short-term and long-term disability insurance through your group or private health insurance it should provide you with better income loss coverage.

 

4. Homeowners Insurance 

Homeowners insurance may cover certain ATV accidents that happen exclusively on the insured property, but coverage is usually very limited.

 

What If Someone Else Gets Injured on Your Property?

If an ATV rider is injured while using their own ATV on someone else’s private property, liability depends on several factors:

• Did the property owner give permission to ride? If not, they may not be responsible.
• Was the accident caused by dangerous property conditions? If a hazardous condition—like an unmarked ditch or hidden obstacle—caused the accident, the property owner could be liable.
• Was the ATV insured? If the ATV was not properly insured, the injured rider may have difficulty securing compensation.

In some cases, an injured rider may be able to pursue a personal injury claim against the property owner if negligence was involved.

 

Need Legal Advice After an ATV Accident?

Recovering from an ATV accident can be a challenging process. Many people quickly discover that it can be difficult to deal with insurance companies, as they often complicate the process and try to deny or reduce claims. The last thing you want is to be stuck with unpaid medical bills, lost wages, and property damage. 

At McNally Gervan LLP, we have extensive experience handling ATV accident cases in Ontario. If you’re unsure about your next steps, request your free consultation to discuss the details of a claim and explore the best legal options.