Who Pays for Damage in a Car - Bicycle Accident

April 15, 2019, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Bicycles are back out on the roads and riding one in traffic carries risks. Drivers of cars and trucks find it hard to watch for or see cyclists. Road hazards (potholes, garbage, tracks) can make it seem that cyclists are riding erratically. Without dedicated bike lanes cyclists must ride in live traffic lanes. Even with bike lanes cyclists find cars and trucks parked in them, swerving into them, and in the end, cyclists are not adequately protected from cars entering them.

Waterloo Regional Police Service reported that last year there were 126 reported crashes involving bicycles. About half of those accidents were the fault of the cyclists. Sadly, in any bike-auto crash, it is the cyclist who is injured most regardless of fault.
The obvious question in a car–auto crash is who pays for damage or personal injury? In Ontario’s car insurance regime, all automobile drivers must carry insurance. Cyclists are not required to be insured; however, they must follow the rules of the road. Both drivers and cyclists are covered under our ‘no fault’ insurance scheme when there is a collision.
In any car – auto crash where there is any injury (even small cuts and bruises) or damage to the bike you should call the police immediately. You may not realize you are seriously injured until after the collision. Without a police report and driver information, you will find it nearly impossible to get compensation for costs arising from your injuries or losses. Remember that the law requires the police to be called if there is damage over $2000 or if there is any injury sustained in a crash.

In the event of a collision caused by or with a motor vehicle, the cyclist can claim vehicle damage and personal injury. For example, if you are riding your bike and a car door opens into your path and you are injured you can proceed with a claim against that driver through their insurer. The information is available on the police report. The driver is obligated to provide this information to you if you don’t call the police.

If the driver is uninsured, or if the driver leaves the scene of the accident – a hit and run - and the cyclist is injured, then obviously it is not possible to get the driver’s name and insurance information. In this case, the police should be called. The cyclist can still seek compensation from the Ontario Motor Vehicle Accident Claim Fund (OMVACF) which has limited compensation coverage.

If your bike is damaged but you aren’t hurt, and the driver has left the scene you may still have some coverage for your bike through their homeowner’s policy. Your homeowner’s policy will dictate the deductibles and maximum values to be paid out. If you have a very expensive bicycle you may wish to talk to your broker or agent about having a rider on your policy for your bike.

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.