Bicycle accidents and insurance - how does it work?

February 25, 2020, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

You are out riding your bike to the store and get into an accident with a car. What now? How does insurance work? You’ve been hurt and the out of pocket expenses and long-term injuries may be significant. What happens?

While there are a few companies that offer cycling insurance, it isn’t common.

If you are in an accident with another cyclist or a pedestrian, then it becomes a bit more complicated. Your liability may be covered under your home insurance but that will vary by policy.  If the person you collide with decides to sue with an allegation of negligence causing personal injury the first approach is the home insurance policy. The plaintiff must prove that the cyclist owed a duty of care, and that they somehow failed to meet the standard.

In Ontario cyclists must share the road and obey all traffic laws. They have the same rights and responsibilities are drivers.

If a car is involved in the accident with a motor vehicle then they have access to accident insurance benefits regardless of who is at fault. Bicycle accidents claims become very complicated very quickly. Cars involved in an accident do not have to be moving. Dooring is a prime example of this.

Some cyclists are involved in accidents with wild animals or dogs. These are also complicated claims that will require consultation with a lawyer and a through read through your home policy. You may not have any coverage.

If you are injured in a bike accident on private property with no vehicles or other cyclists involved, you may have an option to seek liability benefits under the Occupiers’ Liability Act. The cyclist may sue the property owner or manager with an allegation that dangerous conditions on the property caused the accident. Again, it would be on the cyclist to prove that a standard of care was not met.

If you are a cyclist always be sure to be a defensive and safe rider. Try and anticipate car movement around you and follow the rules of the road. Always wear a helmet and consider wearing a safety vest to make yourself more visible to drivers.

As a driver always do your shoulder checks and be vigilant when making turns left or right for cyclists. Give bikes a wide berth and remember they have the same rights to the roadway that cars do. It’s imperative to share the road.

If you are injured in a bicycle accident your best bet is to immediately call an experienced personal injury lawyer to discuss your case and your options. These cases can involve many different parties and policies and can become overwhelming quickly. You can contact me for a free initial consultation at any time.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.