If you find yourself in a serious bicycle accident here are some initial steps you should follow:

I don’t have insurance, can I still make a claim?

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.

It was a hit-and-run, can I still start a lawsuit?

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).

I was “doored”, is that a traffic accident?

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.

I wasn’t wearing a helmet, can I still make a 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.

A car caused the accident, but I did not hit the car, I hit another obstacle, can I start a lawsuit?

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.