Bicycle Accident Lawyer serving Whitby Oshawa Ajax Pickering and Ontario
It’s no great mystery that when a 4,000 pound reinforced steel car crashes into a bicycle, the car is going to “win”. The injuries resulting from the collision can have serious and long-lasting effects on the bike rider.
Many bicycle riders don’t know what their rights are. One of the reasons is that many bike riders do not have car insurance of their own, or do not know that they can access car insurance benefits even though they were on a bike. Whether or not you had your own car insurance at the time of the accident, you are very likely still entitled to claim insurance benefits and to claim compensation for your pain and suffering, injuries and damages like medical and rehabilitation care.
If you do not have car insurance then you are almost certainly still entitled to claim for benefits through the car insurance company of the automobile that hit you. You are entitled to claim these benefits whether or not a determination of fault has been made (who is at fault should not matter in almost all cases). The standard rule is that you should apply for these benefits within 30 days of the accident, unless you have a reasonable excuse for waiting longer. If you do not know the name of the other driver’s insurer, you or your lawyer may be able to get that information from the police or directly from the officer.
If the other driver had no insurance, then you may be able to claim for benefits through the motor vehicle accident claims fund, a government fund that compensates people who suffered injuries and damages as a result of collisions in certain cases. This can pay for things like your physiotherapy and rehabilitation and loss of wages.
Within 120 days of the accident, you or your lawyer should serve a “notice of claim” upon the other side. A failure to serve this is normally not seen as a bar to proceeding with your claim. After serving this you have to provide medical information and other documents to support your claim.
Most actions are required to be commenced within two years of the accident, or you may well be barred from pursuing a claim. In some cases this can be extended based on when you “discovered” your claim, but it is best not to rely on that if you do not have to.
Feel free to contact us for more information and for a free consultation.