January 19, 2020

Being Covered: Who Pays In Bike-Car Collisions in Ontario?

Accidents involving a motor vehicle and a bicycle are a little different from a collision involving two or more automobiles. Laws in Oshawa and Ontario in general impact who will pay when there’s some type of injury to any party. The same goes for damage to the bike. Here are some of the basics you should know about those laws and how they are applied in this type of accident.

Cyclists Do Not Have to Maintain Insurance Coverage


Unlike the owners of motor vehicles, people who own bicycles are not required to maintain insurance. That doesn’t mean they have no protection at all. Ontario’s no-fault laws allow both parties to seek benefits for injuries and damage to their respective vehicles. For example, a cyclist who is injured or who sustains significant damage to the bike can seek damages based on the cost of repairs and any medical expenses resulting from the bicycle accident.

Does No-Fault Mean No One Can Sue?


No. One of the questions that the typical bicycle accident lawyer is asked has to do with what happens if the benefits are not enough to take care of the expenses. There is still the option of filing suit against the responsible party.

What Happens if the Cyclist is Partly Responsible?


If the cyclist is partly responsible for the auto and bicycle accident, claiming no-fault benefits is still possible. There is also the option of filing suit if both parties are partly responsible, or if the accident and subsequent injuries came about because of negligence on the part of the road authority.

Does the Cyclist’s Homeowner or Auto Insurance Figure in the Accident in any Way?


When the cyclist’s home insurance includes what is called a replacement cost clause, there’s a good chance that the expenses related to the bike repair would be covered. This is also true if the cyclist is living with parents and is covered under the terms of the policy.

There may also be covered to draw upon if the cyclist does own a motor vehicle and the terms and conditions include a clause covering the bike. It’s not unusual for Oshawa personal injury lawyer to ask for copies of home and auto insurance plans as a way of determining what sort of claims the client could file.

How Does the Cyclist Seek Damages in a Hit and Run Accident?


A hit and run accident occurs when the operator of a motor vehicle collides with a bicycle rider and does not stop. Unless the driver can be found, there is no opportunity to file a claim against the car owner’s insurance or take legal action against the driver. In this instance, the cyclist could file a claim through Ontario’s Motor Vehicle Accident Claim Fund. After reviewing the claim and the documentation related to the bike accident, compensation up to $100,000 could be awarded.

Never assume there is nothing that can be done if a bike and a motor vehicle are involved in an accident. Seek legal counsel as quickly as possible. Bring the matter to a fair resolution is often easier than many people realize.

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