A cyclist who is struck by a motor vehicle is likely to suffer very severe injuries. Cyclists are more vulnerable. They don’t have the same level of physical protection as people in cars or trucks. The consequences of a bike-car collision are often devastating for the cyclist.
It adds insult to injury when the driver who struck the cyclist flees the scene. But an injured cyclist is not out of luck. Hit and run accident victims have the right to claim compensation for their injuries. Read on for a guide to cyclist accident claims—or reach out to an Oshawa bike injury lawyer at Kelly Greenway Bruce if you’ve been hurt in a hit and run cycling accident.
Cyclists’ guide to compensation after a hit and run accident
Ontario cyclists aren’t required to have insurance to bike on the road. That does not mean they are without coverage when hurt in a motor vehicle accident. A cyclist hurt in a hit and run involving a car or truck may be eligible for compensation from a number of sources.
An injured cyclist has the right to claim for statutory accident benefits (SABS) to cover things such as income replacement, reasonable costs for medical and rehabilitation benefits (medication, physiotherapy, counseling, etc.), attendant care benefits, and caregiver benefits. The accident benefits claim is made under the cyclist’s own motor vehicle insurance policy. If the cyclist doesn’t have their own motor vehicle insurance, they may be able to claim compensation under a SABS policy that names them as a dependent.
A cyclist also has the right to bring a personal injury lawsuit against the at-fault driver to recover damages for pain and suffering, lost income (past and future), costs of future care, and out-of-pocket expenses incurred as a result of the crash. If the identity of the hit-and-run driver later becomes known, the injured cyclist can pursue the wrongdoer in a personal injury lawsuit.
What if the at-fault driver’s identity remains unknown? What if the driver is found, but doesn’t have insurance? A cyclist’s legal rights in either of those situations will depend on several factors. The injured cyclist should contact an experienced bike accident lawyer as soon as possible to determine eligibility for coverage under available automobile insurance policies. For example:
An injured cyclist who has their own auto insurance policy has $200,000 in basic uninsured automobile coverage that they can claim against. The cyclist may have an even higher level of uninsured or unidentified coverage (e.g., $1 million or $2 million) if they purchased additional OPCF 44R: Family Protection Coverage.
If the injured cyclist doesn’t have their own automobile insurance policy, they may still be covered as a dependent relative under a family member’s OPCF 44R: Family Protection Coverage.
A cyclist hurt in a hit and run accident who is not covered under any such insurance policy can apply for compensation of up to $200,000 from Ontario’s Motor Vehicle Accident Claim Fund.
There are important steps an injured cyclist must take to access coverage, including reporting the hit and run accident to the police. Let’s talk about the steps a cyclist must take and what to do after being injured in a crash.
Cyclists’ guide for the aftermath of a hit and run
Here are the important steps cyclists should take to protect themselves and their legal rights following a hit and run with a motor vehicle:
Call 911. If you or anyone else is seriously injured, call 911. It’s also important to report the accident to the police. If you don’t call 911 from the scene of the hit and run accident, you must contact the police within 24 hours to make an accident report.
Gather evidence. Get the names and contact information of any eyewitnesses. Write down a description of the vehicle that hit you, including the plate number (or partial plate number), make, model, and direction of travel. If you saw or spoke to the driver before they left the scene, record as much of a physical description of them as you can. Take pictures of the accident scene, your injuries, and damage to your bike. Collect any debris the vehicle left behind.
Seek medical attention—even if you think your injuries are minor. Adrenaline can mask serious injuries. It can take days or weeks for the full extent of injuries to reveal themselves. Keep records of any treatment you received, as that information is used as evidence to secure fair compensation for your injuries.
Alert your insurance company. If you don’t take this step within 7 days of the crash, your insurance company may deny your claim that an unidentified driver was involved. Your insurance company will also want a copy of the police report.
If you were too injured to take those steps, you were in shock at the scene, or you don’t know what to do next, reach out to a bike accident lawyer as soon as possible. Our Oshawa bike injury lawyers can help in the aftermath of a crash, including canvassing for witnesses, tracking down video footage of the accident (e.g. traffic cams, dash cams, surveillance video from neighbouring properties), and taking steps to preserve your legal rights to claim for compensation.
Trusted Legal Advice From An Oshawa Bike Injury Lawyer
Oshawa accident lawyers at Kelly Greenway Bruce ensure that legal rights are protected and that you or your loved one receives fair compensation for pain and suffering, wage loss, medical bills, and more.
After a hit and run collision, it’s important to connect with an experienced accident lawyer as soon as possible so we can gather evidence and guide you through the complicated insurance claims process. Contact our dedicated team in Oshawa for a free case evaluation today. We also have Lindsay accident lawyers who are ready to assist you.
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