Tractors and Collisions: What You Need to Know

If you’ve been involved in a collision with a farm tractor, here are a few things you should know.

A Farm Tractor Is Not an Automobile

A farm tractor is not generally considered an automobile within the meaning of Part VI of the Insurance Act of Ontario. Part VI pertains to automobile insurance, but it does not normally apply to farm tractors. This is because farm tractors are not generally required by law to have automobile insurance. Typically, farm tractors are covered by farm insurance instead.

Even if the farm tractor does not need automobile insurance, a motor vehicle liability policy could still apply to farm tractors, but only if the wording of the policy defines farm tractors as automobiles.

If the Farm Tractor Is Operated on a Highway

The Compulsory Automobile Insurance Act and the Highway Traffic Act tell us which vehicles need automobile insurance. Because farm tractors are explicitly excluded from the definition of “motor vehicle,” they are exempt.

If the Farm Tractor Is Operated Off-Road

The Off-Road Vehicles Act can require farm tractors to have automobile insurance, but only under certain circumstances. A farm tractor is only required to have automobile insurance if 1) it has three wheels or 2) if it has four or more wheels, is designed for utility applications or uses on all terrains, and has a seat that is not designed to be straddled by the driver. Even then, the tractor does not require automobile insurance if it is driven on land occupied by the owner.

In addition, the Off-Road Vehicles Act does not apply to “a self-propelled vehicle manufactured, designed, redesigned, converted or reconstructed for a specific use in farming and used for farming purposes.”

Accident Benefits

If you were in your motor vehicle when you hit the farm tractor, then you can apply for statutory accident benefits, same as if you’d hit another car. You are eligible for accident benefits no matter who was at fault.

However, if you are a pedestrian who was hit by a tractor, you are not eligible to receive accident benefits. Accident benefits only arise from incidents involving the use or operation of an automobile. Since farm tractors are not normally considered automobiles, in most cases accident benefits will not be available.


Whether you were in a vehicle or not at the time of the collision, if you were hit by a tractor you might want to sue the other party for your loss. If the farm tractor is not an automobile, then you cannot sue under Part VI of the Insurance Act. You cannot get compensation from either your automobile insurance or the automobile insurance of the other party. However, you can still sue the other party directly under the Negligence Act.

If you’ve been hit by a farm tractor or another vehicle which might not qualify as an automobile, you should consult a personal injury lawyer. A lawyer will be able to tell you what compensation you might be entitled to and what steps to take. Remember, if you’ve suffered a loss, you’d better call Ross!