Besides pedestrians, bicycle riders are the most vulnerable users of our roads. Whether you’re riding your bike to work or enjoying a leisurely ride on the weekend, it’s important as a cyclist to always be vigilant. Many people are seriously injured on bicycles each year. They suffer head trauma, neurological damage, spinal cord
injury, limb injury, chest/abdominal injury and bone fractures. The negative effects of such injuries can last a lifetime.
Even though bicycles don’t have to be insured, if you’re injured as a cyclist as a result of a collision with a car, you’re entitled to claim Accident Benefits (also called no-fault benefits). You can claim these, whether or not you’re at fault for the accident. The claim is made against your auto insurer. If you don’t have your own policy, you can still make a claim to the insurance company of the car involved in the accident. This is why it’s important to obtain the driver’s insurance particulars before leaving the scene of the accident. If you weren’t able to get the driver’s information and you have no auto insurance, you can still seek compensation from the Motor Vehicle Accident Claims Fund. Accident Benefits can compensate you for a range of medical costs, income loss and other expenses. If you weren’t at fault for the accident, you may also recover the cost of damage to the bicycle.
If you were not at fault for the accident, you may also bring a claim against the at-fault driver to recover compensation for pain and suffering, additional past and future income losses, housekeeping expenses, etc. The purpose of this claim is to restore an injured person, to the extent monetarily possible, to the position they were in before the accident. Family members may also bring a claim for “loss of guidance, care and companionship.” Remember, however, that bicycles are considered vehicles under Ontario Highway Traffic Act. If an accident involved a cyclist’s violation of a traffic law, it may adversely affect their claim.
With 35 years of experience, the lawyers at Miskin Law can guide you through the complexities of such an injury claim, and connect you with the appropriate medical and other experts to help maximize your recovery.
Miskin Law lawyers work on a contingency fee basis. You don’t pay unless money is recovered on your
behalf in a settlement or judgment. Miskin Law will also take care of any up-front expenses, which are typically recovered upon settlement.