I am a cyclist – am I insured?

If you are a cyclist involved in an accident with a motor vehicle, you may have access to accident benefits coverage under one or more policies of automobile insurance.

Possible sources of coverage could be:

• your own policy

• your spouses’ policy

• your parents’ policy

• the driver with whom you were involved in the accident’s policy

• cycling license purchased from Ontario Cycling Association.

If none of the above apply, you may be eligible to claim accident benefits from the Motor Vehicle Accident Claims Fund.

I’ve been hit by a motor vehicle - What do I do?

You’ve just been hit by a motor vehicle and your primary concern should be to get the appropriate medical attention as soon as possible.

In many circumstances, 911 will be called by a bystander and emergency services will arrive at the scene of the accident within minutes.

The police will investigate the accident and will want to speak with you, the other driver and any known witnesses. The police will decide whether or not to lay charges and should advise you of their decision at the conclusion of their investigation.

If you are insured, you should contact your automobile insurer and advise them that you were involved in a motor vehicle accident while a cyclist. If you are not insured, you should contact the Insurer of the driver who hit you and advise them that you were a cyclist involved in a motor vehicle accident with their insured. Tell them that you are not insured under any other policy of insurance and request that they send you the necessary forms to make a claim for accident benefits.

I am a driver of a motor vehicle and have hit a cyclist…what do I need to do?

If you have hit a cyclist while operating your motor vehicle you should remain at the scene of the accident and wait for emergency services and police to arrive. Co-operate with the police. Report the accident to your automobile insurer as soon as possible. Remember that the injured party has up to two years to make a claim and injuries are not always visible immediately. By advising your insurance company, you are protecting yourself against possible future claims.

If I do hire a lawyer, what can I expect?

The lawyer will meet with you, get the facts of the case, explain to you what options you may have and assist you in determining your rights to commence an action and the value of your potential claim.

Most lawyers (including ours) will not ask for fees or a retainer until the action is resolved.

If it makes sense to proceed, there are two actions available:

a) Tort Action

In Ontario, injury victims who suffer serious and permanent injuries can recover compensation from the at-fault driver’s insurer. Compensation can include damages for pain and suffering, past and future income losses, future health care expenses, future housekeeping and home maintenance expenses as well as out of pocket expenses.

b) Accident Benefits (AB) Claim

If you have been involved in a bicycle accident involving a motor vehicle, you may be entitled to the following accident benefits:

• Income Replacement Benefits;

• Non-Earner Benefits;

• Caregiver Benefits;

• Medical and Rehabilitation Benefits;

• Attendant Care Benefits;

• Funeral and Death Benefits;

• Housekeeping and Homemaintenance Benefits

 

My Accident was over a year ago, is it too late to make a claim?

There are time limits which govern when you must notify the at-fault party that you intend to bring a civil action against them. The Insurance Act provides that if you intend to proceed with an action as against the at-fault motorist, you are required to serve written notice of your intention to do so upon the at-fault motorist within 120 days after the accident. Failure to provide the 120-day notice does not however jeopardize your right to proceed with an action against the at-fault party. It may, however, be taken into account by a trial judge with respect to interest and costs. You otherwise have two years from the date of the accident within which to commence an action as against the at-fault motorist.

I was hit by a motorist, it seemed pretty minor at the time, but my injuries aren’t healing and I didn’t get the driver’s name – is there anything I can do?

In situations where the identity of the at-fault driver is unknown or is uninsured, you may still recover compensation for your motor vehicle accident related injuries. In you had a valid policy of automobile insurance at the time of the motor vehicle accident you would claim compensation under the uninsured provisions of your own policy. If on the other hand, you did not have a valid policy of automobile insurance at the time of the motor vehicle accident, you would claim compensation from the Motor Vehicle Accident Claims Fund.

Of course… your best option is to not get hit.

The way to ensure that does not happen is to learn and follow the rules of the road and to practice safe cycling and to ALWAYS wear a CSA approved cycling helmet.

Below are links to cycling safety websites as well as local cycling clubs. The local clubs are a great way to learn to ride safely in groups as well as to learn cycling etiquette.

Contact Jennifer Chapman with any additional questions you may have or to book a free consultation.