Cycling is a popular mode of transportation and recreation in Ontario. However, accidents can occur, and cyclists are particularly vulnerable when collisions involve motor vehicles. If you’ve been injured in a bicycle accident, it’s crucial to understand your rights and the financial support available through Accident Benefits (ABs), regardless of fault.
Understanding Accident Benefits
Ontario operates under a no-fault insurance system. This means that if you’re injured in a motor vehicle accident, including a bicycle accident with a car, you can access Accident Benefits through your own insurance policy or, if you don’t have one, through the at-fault driver’s policy or the Motor Vehicle Accident Claims Fund (MVACF).
Key Accident Benefits for Cyclists
Accident Benefits can provide financial support for a variety of needs, including:
- Income Replacement Benefits (IRB): If your injuries prevent you from working, IRB can replace a portion of your lost income. The amount you receive depends on your pre-accident income and the severity of your injuries.
- Non-Earner Benefits (NEB): If you weren’t employed at the time of the accident, you may be eligible for NEB. These benefits are designed to help cover basic living expenses and other costs associated with your recovery.
- Medical and Rehabilitation Benefits: These benefits cover a wide range of medical expenses not covered by OHIP, including prescription medications, physiotherapy, chiropractic care, assistive devices, and other treatments necessary for your recovery.
- Attendant Care Benefits: If your injuries require assistance with daily activities like bathing, dressing, or eating, attendant care benefits can help cover the cost of hiring a caregiver.
Severe Injuries and Catastrophic Impairment
Bicycle accidents can result in a variety of injuries, ranging from minor scrapes and bruises to severe, life-altering conditions. Some common serious injuries from cycling accidents include:
- Traumatic Brain Injuries (TBI): TBIs can have a significant impact on cognitive function, memory, and emotional well-being. Severe TBIs may require extensive rehabilitation and ongoing care.
- Spinal Cord Injuries: These injuries can result in partial or complete paralysis, requiring long-term medical care and rehabilitation.
- Fractures: Broken bones are common in cycling accidents and can range from simple fractures to complex breaks that require surgery and rehabilitation.
- Internal Injuries: These injuries can be difficult to diagnose and may require extensive medical intervention.
If your injuries meet the criteria for catastrophic impairment, you may be eligible for increased benefits and a higher level of care.
Suing the At-Fault Driver
In addition to Accident Benefits, you also have the right to sue the at-fault driver for damages. This lawsuit can seek compensation for:
- Pain and Suffering
- Loss of Enjoyment of Life
- Future Care Costs
- Lost Income (beyond what is covered by IRB)
- Other Expenses Not Covered by ABs
Important Considerations
- Time Limits: There are strict time limits for applying for Accident Benefits and filing a lawsuit. It’s crucial to act promptly after an accident.
- Legal Representation: It’s highly recommended to seek legal advice from a personal injury lawyer specializing in cycling accidents. They can guide you through the claims process and protect your rights.