I was struck by an automobile while riding my bicycle.
I was struck by an automobile while riding my bicycle. Can I receive compensation?
As our weather improves we are seeing many more cyclists on our busy roadways. Accidents between cars and cyclists are common and can happen for numerous reasons: driver inattention, failing to share the road, failing to abide by the rules of the road. The good news is that a cyclist who is involved in a car accident is entitled to the same compensation as if injured while in a car. Under the laws of Ontario, a cyclist can claim for both Statutory Accident Benefits and also 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 member can also bring a claim through the Family Law Act for a loss of care, guidance and companionship.