How to get Accident Benefits after a Bicycle Accident

No one ever expects to get into an accident when they are enjoying a bicycle ride. Unfortunately, regardless of season, area, or age, all cyclists face many dangers and risks when they go out on their bicycle.

Even though bicycles are vehicles, cyclists are treated as pedestrians according to the Highway Traffic Act and even though they have right-of-way, unfortunately vehicle and bicycle collisions still occur.

It’s important to remember that even if a cyclist does not have their own car insurance, a cyclist is entitled to accident benefits through the insurance from any vehicle involved in a collision. Through the Accident Benefits an injured cyclist can receive funds for rehabilitation including:

• Income replacement benefits
• Physiotherapy
• Massage therapy
• Occupational therapy
• Psychological treatment
• Attendant care

Due to the size, weight and speed differences between vehicles and bikes, the cyclist will often end up injured after an accident. In Ontario, Accident Benefits are also called No-Fault Benefits, and are available to anyone involved in car accident regardless of fault.

In addition to Accident Benefits, when the driver is at fault, the injured cyclist also has the right sue the driver who caused or contributed to the collision. In this tort claim or fault-based lawsuit, the cyclist can then seek compensation.

Cyclist injuries can range from minor to catastrophic. They will need compensation for:

• Pain and suffering
• Loss of enjoyment of life
• Loss of employment, and losses incurred by family members
• Loss of employability and ability to earn money
• Increased costs of medical treatment and care (present and future)
• Expensive costs of attendant care (present and future)
• Increased costs of housekeeping and caregiving
• And many more…

After an accident, compensation is essential to pay for medical fees and care. Accidents can happen at any time, so it is important to be prepared.

There are several steps you can take immediately after and in the weeks and months following the accident to get the compensation you and your family need:

• Immediately after the accident, seek medical care, call the police and gather the evidence. After you have received proper medical attention, do not throw away your damaged clothing and gear – these will become critical pieces of evidence at a trial.
• Inform the accident benefits insurance company about the accident within 7 days of the accident and make it clear that you were injured.
• As soon as you receive an Accident Benefits application, send in the completed application within 30 days to the insurance company. If you delay, insurers can delay or deny benefits altogether. 
• When your insurance company formally requests information, provide the needed info within 10 business days, otherwise they can suspend or deny benefits.
• Contact a lawyer for advice and assistance. Although you usually have 2 years from the date of the accident to file a lawsuit, it may take time to process and win or dispute a claim. Victims will still need Accident Benefits in the meantime, and they must act fast to access those benefits.
• Even if your claim is denied, it can be disputed within 2 years, and our lawyers can help you apply to the License and Appeals tribunal to dispute the denial. 

Following these steps can make a big difference on your claim for compensation and on the financial and emotional effects of your recovery. Contact a lawyer as soon as possible after your accident so they can help you get the Accident Benefits you need, help you file or dispute a claim, and keep you well informed of your rights.

If you would like to learn more about your legal rights after a bicycle accident, contact Findlay Personal Injury Lawyers today. For a free legal consultation, call us at 905-522-9799.