Can a Cyclist Claim on My Insurance?

Bicycle accidents can cause very serious injuries. Concussions, broken bones, and spinal cord injuries are common, especially in crashes involving cars or trucks. Cycling injuries require proper care and treatment, which costs time and money. How does insurance work when a cyclist is injured? Can an injured cyclist claim on your insurance?  

Today’s article is all about insurance issues arising from Ontario bike accidents and how to determine whether a cyclist can claim on your insurance. If you or a loved one has been involved in a cycling accident, you are welcome to contact a Barrie bicycle accident attorney at Littlejohn Barristers. We can discuss the facts of your case, answer insurance coverage questions, and help make a plan for next steps.  

Was a Motor Vehicle Involved?  

When a cyclist is injured in a collision involving a car, truck, or other motorized vehicle, the injured cyclist is entitled to claim Statutory Accident Benefits (also called “no fault benefits”). A Statutory Accident Benefits claim can be brought by the injured cyclist, regardless of who caused the accident—and even if the cyclist was 100% at fault. No-fault benefits provide financial assistance (income replacement, non-earner benefits) as well as coverage for expenses such as medical and rehabilitation costs and attendant care.  

An injured cyclist may also have the right to launch a personal injury lawsuit against an at-fault driver. Also called a “tort claim,” an injured cyclist has the legal right to sue to receive compensation for injuries caused by someone else’s negligence. In a personal injury lawsuit, a cyclist can get compensation for losses and damages that aren’t covered by a Statutory Accident Benefits claim. Pain and suffering, loss of enjoyment of life, future care expenses, and future wage losses are all types of damages that can be awarded in a successful personal injury lawsuit.  

Whose Insurance Covers a Motor Vehicle Crash Claim? 

Auto insurance coverage issues can get complicated. Let’s talk about Statutory Accident Benefits claims first. The general framework for accident insurance benefits coverage in Ontario is as follows: 

• If the injured cyclist owns a vehicle that is insured in Ontario, their Statutory Accident Benefits claim is brought to their own insurance company and paid out under their own auto insurance policy—even though they weren’t driving their vehicle when the accident took place.  

• If the injured cyclist doesn’t own a vehicle that is insured in Ontario, they may still have access to benefits coverage if they are: (i) a named driver in someone else’s policy, or (ii) the spouse or dependent of a named insured. In that case, their Accident Benefits Claim is made under that related person’s auto insurance policy—even though that related person was not involved in the crash.   

• If neither of the above applies, the injured cyclist would bring their benefits claim against the insurance policy of the owner of the vehicle involved in the crash.  

That means a cyclist can claim against your auto insurance for accident benefits if you owned a vehicle involved in the collision and the cyclist doesn’t have access to no-fault benefits coverage of their own. It also means that an accident benefits claim may be brought against your policy by your spouse, child, or a person named in your policy—even if you were not involved in the crash. For example, if your dependent child is struck by someone else’s car while riding their bike, your child claims against your insurance to obtain accident benefits. 

Now let’s talk about insurance coverage in personal injury lawsuits. A successful third-party liability claim is paid out by the at-fault party’s insurance company (assuming they had valid auto insurance in place when the accident occurred). The mandatory minimum third-party liability coverage under an Ontario auto insurance policy is $200,000, though many people opt for a higher level of coverage (e.g., $1 million or $2 million).  

So, if you own a vehicle involved in a collision with a cyclist, the cyclist can sue you to recover compensation for their injuries. The lawsuit is brought against you, but your auto insurance company defends the claim on your behalf and, your assuming coverage is in order and your policy limits are sufficient, any compensation the cyclist receives is paid by your auto insurance company.  

What About Injuries Where No Vehicle Was Involved?  

If a cyclist is injured but no motor vehicle was involved, the question of insurance coverage depends on key factors such as how and where the accident occurred. Consider the following:  

• The cyclist may have their own specialty cyclist insurance policy, though those are relatively rare.  

• The cyclist’s injuries may be covered under a home insurance policy.  

• The cyclist may have the right to sue a municipality or other third party (e.g., for an accident caused by an improperly maintained road or debris in road left by construction company), in which case the liability insurance of the municipality or the third party comes into play. 

• A cyclist hurt on private property or commercial premises may have the right to bring an Occupiers’ Liability Act claim against the property owner or manager, which would engage the property owner or manager’s liability insurance policy. 

  
  

The question of insurance coverage is often unclear. Your best bet is to reach out to a Barrie or Collingwood car accident lawyer at Littlejohn Barristers to arrange a free, no obligation initial consultation.   

Connect With a Top Rated Car Accident Attorney 

Barrie bicycle accident attorneys at Littlejohn Barristers are here to help if you or a loved one has been involved in a cycling accident. A Barrie bicycle accident attorney can advise you on complex insurance coverage issues and legal options for injured cyclists seeking financial compensation.  

We are a dedicated team of knowledgeable legal professionals with over 30 years of combined experience. Contact a bicycle accident attorney in Barrie at Littlejohn Barristers today by calling 705-725-7355. From our law offices in Barrie, we serve clients in  Collingwood, Orillia, Midland, Innisfil, Alliston, Stayner, Wasaga Beach, and surrounding areas.