I was riding my bicycle on a City street when I was hit by a car. I do not have automobile insurance. Can I receive compensation?
During the summer months, I receive many calls from cyclists who have been struck by automobiles while cycling on City roads. Many of these individuals use a bicycle as their primary mode of transportation and therefore, do not own cars and do not have automobile insurance. The good news is that a lack of auto insurance doesn’t prevent you from being compensated. A cyclist is entitled to the same compensation as if injured in a car. As a cyclist you can apply for Statutory Accident Benefits and sue the at fault driver for compensation.
If you are an injured cyclist you can claim accident benefits from your own auto insurance even though you weren’t using your car at the time of the accident. If you don’t have auto insurance, you can claim accident benefits from the automobile insurance company of the at fault driver. If the at fault driver is uninsured, you can make a claim to the Motor Vehicle Accident Claims fund which is administered by the provincial government.
You can also sue the at fault driver for damages. The lawsuit can include a claim for damages for pain and suffering, past and future loss of income, loss of household and handyperson capacity and future cost of care. Your close family members can also bring claims through the Family Law Act for a loss of care, guidance and companionship.