Hit by a Car While Cycling? Your Rights as an Uninsured Cyclist in Ontario

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The joy of cycling in Ontario can be shattered in an instant if you’re struck by a vehicle. It’s a scary scenario, especially if you don’t have your own insurance policy. Fortunately, Ontario’s no-fault insurance system has you covered. You still have access to crucial benefits even without a personal policy.

Accident Benefits: A Lifeline for Uninsured Cyclists

Even if you’ve never purchased your own insurance, you’re still entitled to Accident Benefits (ABs) if you’re injured in a cycling accident. These benefits cover a variety of essential costs to aid in your recovery, including:

  • Medical and Rehabilitation: This covers expenses like hospital stays, medication, physiotherapy, and other treatments necessary to get you back on your feet.
  • Income Replacement: If your injuries prevent you from working, you may be eligible for benefits to replace lost income.
  • Attendant Care: If your injuries necessitate assistance with daily living activities, benefits can cover the cost of hiring a caregiver.
  • Other Expenses: ABs may also cover additional expenses like home modifications to accommodate your injuries or transportation to medical appointments.

Accessing Benefits Without Insurance: The MVACF

Since you don’t have your own insurance, you’ll access Accident Benefits through the Motor Vehicle Accident Claims Fund (MVACF). This fund, administered by the Ontario government, acts as a safety net for individuals involved in accidents with uninsured or unidentified drivers.

Making a Claim with the MVACF

The process for claiming ABs through the MVACF is similar to claiming through a traditional insurer. Key steps include:

  1. Reporting the Accident: Notify the police as soon as possible. Provide a detailed account of the incident, including the location, time, and any information about the driver or vehicle involved.
  2. Gathering Evidence: Collect any available evidence, such as witness statements, photos of the accident scene, and medical records related to your injuries.
  3. Applying to the MVACF: You’ll need to fill out an application form and submit it to the MVACF, along with supporting documentation like the police report and medical records.

Why You Need Legal Help

While the process may seem straightforward, navigating the MVACF system and dealing with insurance adjusters can be complex. It’s highly recommended to seek legal counsel from a personal injury lawyer specializing in cycling accidents. They can guide you through the process, ensure your rights are protected, and help you maximize your benefits.

not a substitute for legal advice. If you’ve been injured in a cycling accident, consult with a qualified lawyer to understand your options and rights.

Have questions about the article above or involved in an accident?
Click here to ask a question for free or report an accident here.