As a personal injury lawyer, I am frequently asked: What is the law in Ontario when someone riding a bike gets hit by a car?
Although a bicycle is not a motor vehicle, a cyclist will still have legal rights and benefits following an accident with an automobile.
If you are injured in a bicycle accident in Ontario involving a car or truck, you can receive Ontario no-fault auto accident benefits. You can also advance a claim against the owner/driver of the vehicle that hit you in order to recover your losses and damages.
A no-fault claim (also known as accident benefits claim) is between the bike accident victim and the auto insurance company. It would be the responsibility of the auto insurance company to cover your benefits, including medical and rehabilitation expenses, lost wages, and attendant care. Even if you did not have auto insurance coverage at the time of the accident, you will be able to claim for no-fault benefits. The insurance policy responsible for these benefits will depend on the circumstances, and be determined based on "priority rules."
In addition, the bike accident victim can also bring a tort claim against the driver and owner of the vehicle that caused the accident. The insurance company for the other vehicle will defend and pay the claim. The damages available in a tort claim following a bike accident include pain and suffering as well as economic losses and expenses.
Following a bike accident, it is important to have legal advice early. There are important deadlines and applications that will need to be completed and filed in order to secure your benefits. If you have questions following a bike accident in York Region, Toronto or elsewhere in Southern Ontario, call Iacobelli Law Firm for a free consultation with a bike accident lawyer.