Bike Law FAQs
If you have been involved in a serious bicycle accident, you may have the following questions
I do not have insurance, can I still make a claim?
Yes, in many cases, you can claim against the insurance company of the vehicle that struck you. You may also access the Statutory Accident Benefits (SABS) of the motor vehicle which struck you.
I was not wearing a helmet, can I still make a claim?
Yes. The law recognizes that nobody is perfect (including cyclists). Even if you have made a mistake, such as not wearing a helmet, or cycling through a stop sign, you may still be entitled to compensation.
It was a hit-and-run, can I still start a lawsuit?
Yes, you may be able to. The insurance regime in Ontario is set up to compensate victims of hit and runs, even if the driver remains unidentified. You may also be able to access SABS.
I was “doored”, is that a traffic accident?
Yes. In Ontario, any incident arising from the normal use and operation of an automobile is covered by insurance. Depending on the circumstances, this may entitle you to a SABS and tort claim.
A car caused the accident, but I did not hit the car, I hit another obstacle, can I start a lawsuit?
Yes. If a driver causes an accident, even if the actual collision is with an object other than their car, they may be held liable.
What is a “catastrophic” injury?
“Catastrophic” is a defined term under the SABS. If your injury is determined to be catastrophic, it allows you to access significantly larger amounts of money from the SABS insurer. The lawyers at bikelawyers.ca have decades of experience in working with cyclists to ensure that their injuries are recognized as catastrophic and they get all the insurance benefits to which they are entitled.