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Bike Accident Benefits

  • Writer: Dave Shellnutt
    Dave Shellnutt
  • 14 minutes ago
  • 4 min read
cyclist in bicycle accident on roadway with paramedics

If you are a cyclist, pedestrian, e-scooter rider, passenger or heck even another driver involved in a collision with a motor vehicle, you are entitled to immediate no fault benefits and support.


The key here to remember is immediate (we'll get to that below) and no fault.


Accident benefits apply no matter the circumstances of the collision so long as a motor vehicle was involved. You may be completely at fault for the crash, holding a latte, looking down at you phone through a stop sign t-boning someone's Rav4. You'd still get the same benefits if the reverse was true and the driver did those things (more likely honestly).


In either case, Statutory No Fault Accident Benefits kick in to help all crash victims access immediate supports to ensure the best recovery possible.


By immediate we mean you can apply to these benefits the same day as your crash and up to 30 days afterwards (there is some grace if you're late in filing because you've been in a hospital but best to get a lawyer on board in that situation and have them file an application for you). You can find the application here (again, best to have a lawyer review this before you submit it).


No to the confusing part, you send this application and apply for benefits to the auto insurer closest to you.


What that means is that you don't automatically send this application to the driver that hit you.


Since it is a no fault system, the auto insurer closest to you provides benefits and support. What does the closes auto insurer to you mean? Well, I was hit on my bike by a non-indicating right turning driver (while I was in a bike lane). My car was no where near the scene of the collision, but my auto insurance kicked in and provided me benefits throughout 2-3 years of post-crash recovery.


Here's generally what insurer kicks in to help:

  1. Your own auto insurance;

  2. Your spouse's/parents' auto insurance (even if you're not a listed driver);

  3. Your roommate's auto insurance (even if you're not a listed driver);

  4. Potentially your employer's insurance (if you have access to a company car and are insured);

  5. The driver that hit you, their auto insurance;

  6. If it's a hit and run and you have no other sources of auto insurance, then the Government of Ontario provides the exact same benefits through the Motor Vehicle Accident Claims Fund.


I know, I know, but don't worry because it's no fault your insurance rates won't be impacted and there is no deductible or premium to pay.


This is how the system is set up, just roll with it. If you apply to the driver's insurance but you're on dad's policy, the driver's insurance is going to punt it back to dad's and it's going to be an administrative headache for everyone. So, apply to the appropriate auto insurer closest to you. [If you don't apply to Accident Benefits your ability to sue the at fault driver could be seriously impacted.]


From minor injuries like road rash and back pain, to fractures and catastrophic injury, there are various tiers of benefits that everyone can access.


Man pedals a rehab exercise bike in a clinic while a smiling clinician in a white coat watches nearby.

For aches, sprains and strains (no broken bones) you access the Minor Injury Guideline which provides up to $3,500.00 in medical/rehab supports.


For concussions, fractures, PTSD, etc., you can access up to $65,000.00 in medical/rehab supports.


For catastrophic injuries like paraplegia, brain bleeds, and amputations you may be deemed "Catastrophically Impaired" and gain access to up to $1,000,000.00 in medical care.


These supports are not paid to you directly. Treatment providers submit treatment plans and the insurer pays them for their services. You can access physiotherapy, psychotherapy, massage therapy, chiropractic care, Occupation Therapy, and more rehab supports. You can also put this money towards dental care, PSW supports, casts, walkers (and other medical devices), plastic surgery, and generally any other medical support recommended by your doctor.


And that's the key, you should have treatment recommended by a doctor (in most cases it's helpful). The insurance company will be less likely to deny a recommendation for psychological care from your family doctor than your physiotherapist.


It's critically important that you check in with the hospital, your family doctor or a walk-in clinic as soon as possible following a crash.


To access the MVACF Govt' funded Accident Benefits you'll need proof of visiting the ER within 24 hours of the crash.


Accident Benefits also provide support for up to $400/week in lost wages. Now that isn't a lot but when combined with EI sick pay or short/long term disability benefits it can ease the financial squeeze following a collision resulting in serious injury.


Accident Benefits can also provide support to your family assisting you, pay related expenses like hospital parking and damaged clothes, and more.


Two smiling cyclists in helmets and jackets pose on a dirt trail in autumn woods.

We speak to hundreds of injured cyclists and pedestrians each year. Even in cases where the person's injuries are not serious enough to require a lawyer's involvement and lawsuit, we see the benefit of applying for and accessing Accident Benefits.


If you've had a minor injures these supports can get you back on the bike and riding before the season ends. If you're injuries are more serious, Accident Benefits are critical to get you help around the home and lesson the long term impacts of immobility and strength loss around injured joints like knees and shoulders.


Whatever you do, if you're involved in a collision with a motor vehicle contact The Biking Lawyer LLP. For free, we will advise you of your rights and what benefits you can access. Contact us today.


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