Being hit by a car while cycling is traumatic enough. But when the driver flees the scene, it adds another layer of stress and uncertainty. In Ontario, hit-and-run accidents involving cyclists are unfortunately more common than one might think. However, even if the driver is never found, you still have options for accessing compensation.
Accident Benefits: Your Safety Net, Even in Hit-and-Runs
Ontario’s no-fault insurance system is designed to protect accident victims, regardless of who’s at fault. This means that even if you’re involved in a hit-and-run accident and don’t have your own insurance, you’re still entitled to Accident Benefits (ABs).
Motor Vehicle Accident Claims Fund (MVACF): The Last Resort
When the at-fault driver in a hit-and-run can’t be identified, you can turn to the Motor Vehicle Accident Claims Fund (MVACF). This fund, administered by the Ontario government, acts as the insurer of last resort for accidents involving uninsured or unidentified drivers.
Accessing Accident Benefits Through the MVACF
The process for claiming ABs through the MVACF is similar to claiming through a traditional insurer. You’ll need to report the accident to the police and gather any available evidence, such as witness statements or photos of the scene. You’ll then submit an application to the MVACF, outlining the details of the accident and your injuries.
Key Accident Benefits for Cyclists
Whether you access them through the MVACF or a traditional insurer, Accident Benefits can cover a wide range of expenses and losses, including:
- Medical and Rehabilitation Expenses
- Income Replacement
- Attendant Care
- Other Expenses (e.g., home modifications, transportation)
What to Do After a Hit-and-Run Bicycle Accident
- Prioritize safety: Get to a safe location and seek medical attention if needed.
- Call the police: Report the accident immediately. Provide as much detail as possible about the vehicle and driver.
- Gather evidence: If safe to do so, take photos of the scene, your injuries, and any damage to your bike.
- Talk to witnesses: Get their contact information and ask if they saw anything helpful.
- Contact a lawyer: An experienced personal injury lawyer can guide you through the claims process and advocate for your rights.