Being injured in a bicycle accident can lead to devastating injuries. Fortunately, accident victims in Ontario may have a number of different ways to receive compensation for their injuries.
The Windsor bicycle accident lawyers at Greg Monforton & Partners have handled countless bicycle accident claims and are familiar with all aspects of cycling law. During a free consultation, we can discuss what options may be available in your claim.
Some possibilities for compensation may include the following:
Options for Obtaining Compensation
When cyclists and vehicles collide, there may be a number of potential avenues for the injured party to seek damages. Possible options include:
Cyclist’s Insurance Policy
Ontario uses a “no-fault” insurance system, which means that in the case of an accident, each injured party is covered by his or her own insurance coverage first. No-fault benefits are available regardless of who caused the accident. So even if you were responsible for the accident, you may still be eligible for these types of benefits.
In Ontario, you can claim no-fault benefits through your statutory accident benefits coverage, which will help pay for medical care, rehabilitation and attendant care, caregiver, non-earner and income replacement benefits.
Your homeowner’s insurance policy may be able to cover your property damage. Many bikes cost several hundred or thousands of dollars, so it is useful to know alternative sources that may be able to pay for such damages.
Someone Else’s Insurance
If you are not covered by automotive insurance, you may be covered under someone else’s policy. Accident benefits provide coverage for the insured, his or her spouse or dependants, and anyone specified in the policy as a driver or the insured vehicle.
At-Fault Driver’s Insurance
If the above options are not available in your case, you may then look for coverage through the at-fault driver’s insurance policy. The insurance company may pay for the damages you suffered up to its policy limits.
Motor Vehicle Accident Claims Fund
The Motor Vehicle Accident Claims Fund can fill in the gaps when none of the options above are available for the victim. For example, the victim may be injured in a hit-and-run accident. This fund covers property damage to vehicles up to $10,000 per claim. The cap on the fund for injury claims is $200,000.
Personal Injury Lawsuit
If no insurance options are available or if an insurance claim is denied, the victim may have the right to pursue compensation through a personal injury lawsuit.
Types of Available Compensation
When bringing forth a claim for a cycling accident, you may pursue the following types of compensation:
- Current medical expenses
- Cost of future care
- Loss of amenities
- Loss of enjoyment of life
- Loss of past income
- Loss of future earning capacity
- Loss of services
- Specific out-of-pocket expenses that the insurance company did not pay
- Pain and suffering
The right to pursue such compensation is subject to certain restrictions under the Insurance Act. If the accident resulted in the death of the cyclist, his or her family may be able to pursue a wrongful death lawsuit to pursue the following types of compensation:
- Loss of shared family income
- Funeral expenses
- Loss of services
- Loss of guidance, care and companionship
- Other expenses that stem from the death of the victim
An experienced personal injury lawyer can explain which potential damages may be available in your case.
Contact a Bicycle Accident Lawyer
If you have been injured in a cycling accident and would like to understand what type of compensation may be available for your claim, we are here to help. We can explain Ontario’s no-fault system in more detail and explore possible options that may be available in your case.
We provide a free consultation to review your case. If you decide to retain us for your claim, you only pay us if we recover on your claim.