If you find yourself in a serious bicycle accident here are some initial steps you should follow:
Wait for the police to arrive and file a report with the attending officer(s). Police reports provide important documentation that will help pursue a lawsuit if necessary.
Get the business card of the officer in charge.
Get the driver’s name and insurance information.
Seek medical attention immediately. If offered an ambulance, accept! Police do not offer an ambulance unless they think you need it. If you think you may be injured (even if you are not sure whether it is serious) go to the ER!
Document your injuries: take photos and keep a diary.
Never negotiate with an insurance company on your own. Get legal advice first.
Do not give a written or recorded statement without speaking to a lawyer first.
Yes, in many cases, you can claim against the insurance company of the vehicle that struck you. You may also access the SABS (Statutory Accident Benefits Schedule) of the motor vehicle that struck you.
Yes, you may be able to. The insurance regime in Ontario is set up to compensate victims of hit and runs, even if the driver remains unidentified. You may also be able to access SABS (Statutory Accident Benefits Schedule).
Yes. In Ontario, any incident arising from the normal use and operation of an automobile is covered by insurance. Depending on the circumstances, this may entitle you to a SABS (Statutory Accident Benefits Schedule) claim.
Yes. The law recognizes that nobody is perfect (including cyclists). Even if you have made a mistake, such as not wearing a helmet, or cycling through a stop sign, you may still be entitled to compensation.
Yes. If a driver causes an accident, even if the actual collision is with an object other than their car, they may be held liable.