What happens in cases where I am riding a bicycle and I am struck by a motor vehicle?

In Ontario, the law governing accidents involving a motor vehicle and a bicycle is largely similar to those accidents involving motor vehicle accidents alone.  One major difference, however, is that if a cyclist is hit by a car, the law operates under a “reverse onus” principle similar to that involving a motor vehicle and a pedestrian. This means that the driver is presumed to be at fault for the accident unless they can prove otherwise.

Applying for Benefits

As a cyclist, you are entitled to Statutory Accident Benefits regardless of who is at fault. Here are the steps to apply:

1. Notify the Insurance Company: Inform the insurance company as soon as possible after the accident.

2. Complete Application Forms: Fill out the necessary forms, such as the OCF-1 (Application for Accident Benefits), OCF-2 (Employer Confirmation Form), and OCF-3 (Disability Certificate).

3. Submit Supporting Documentation: Provide any required documents, such as medical reports and police reports.

Which Insurance Company Pays?

• Your Own Auto Insurance: If you or a spouse have auto insurance, your own insurer or your spouse’s insurer will handle your claim.  If you live with someone who has insurance and you are dependent on that person, their insurer may accept the claim.

• Driver’s Insurance: If you do not have auto insurance yourself or coverage under someone’s policy, the insurance company of the vehicle involved in the accident will cover your benefits.

• Motor Vehicle Accident Claims Fund: If neither you nor the driver has insurance, you can apply through the Motor Vehicle Accident Claims Fund.

It is important to consult a lawyer if to help you determine where to apply for benefits and to explain the process to you.

When you choose Porcelli D’Angela LLP, you are choosing unparalleled expertise, dedication, and personalized service.  What stands out is our years of experience which has established a proven track record of success, a deep understanding of the legal landscape, and a commitment to client satisfaction.  With our team of skilled legal professionals who specialize in personal injury law, Porcelli D’Angela LLP offers clients a wealth of knowledge, strategic thinking, and a relentless pursuit of justice, ensuing their legal matters are handled with the highest level of professionalism.

Call us at 647-490-944 for a free, no hassle consultation.  At Porcelli D’Angela LLP, you do not pay unless you recover money.

Disclaimer: The explanations and information provided here are for general informational purposes only and are not intended to be legal advice. Always consult with a qualified lawyer or legal professional for advice specific to your situation.