Whether for fitness, fun or as a form of transportation, bicycle riding in the Toronto area is on the increase. In fact, according to a report by the CBC, over the last year, “The demand was so high most shops are still in short supply and don’t have enough inventory to keep up with an even greater demand this year.”
While the increase in bike use may be great news for the environment and for physical wellness, it also means that there are more accidents – many of which result in injuries that include everything from broken bones, sprains, and strains to catastrophic injuries such as traumatic brain injuries (TBI), spinal cord damage, and in the worst of all cases, fatal injuries. In fact, according to the Toronto Police Service, while there was a 14 percent decrease in collisions from 2019 to 2020, there were more cyclist deaths.
As more bicyclists share the road with motor vehicles, there is greater potential for contact between bike riders and passenger cars or even larger vehicles, such as trucks or busses. Even the safest rider can find themselves in trouble when a truck pulls out without signalling a turn or poor road conditions wreak havoc.
Do you have a right to compensation if you have been injured as a result of someone else’s negligence or wrongdoing? You absolutely do, but there are important timelines that must be met:
- You must inform the insurance company within 7 days of the accident (yours, and/or that of the at-fault party).
- After receiving your application, you have 30 days to file for accident benefits
- You have 120 days to file a notice of intent to sue to the at-fault party
- You have up to 2 years to file a lawsuit against the at-fault party for pain, suffering, lost wages, and other compensable expenses
Failure to meet these timelines may mean that you forfeit your right to justice and financial recovery for the injuries you suffered. As dedicated and experienced Toronto bicycle accident lawyers, we do more than help you file accurate and complete claims on time: We work to make sure you get the full and fair compensation you are entitled to.
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What are Accident Benefits?
Even if you file a negligence lawsuit (tort claim), you must first file for Statutory Accident Benefits (SBA). In vehicle-bicycle accidents, the claim is filed against the motor vehicle driver’s Accident Benefits insurance. These no-fault benefits are available to you if you were hit by a motorist, and include compensation for medical, income, caregiver, and other expenses. SBAs are available to you whether you choose to file a tort claim or not. Typically, accident benefits include:
- $50,000 for medical and rehabilitation
- $400 a week for income replacement (a $185 a week benefit may be available for non-earners)
- $3,000 a month (to a maximum of $36,000) for attendant care
Get a FREE assessment from us here Having all your documents helps win your case
By gathering the necessary documents, you help us help you win your case and maximize compensation to which you may be entitled. Documents you will need include:
- Police report(s)
- Medical records from doctors and hospitals
- Your health card, driver’s license, and SIN
- Information from the motorist who hit you, including the driver’s license, make/model of car, their insurance info, etc.
- Your automobile insurance, if applicable
- Accident scene photos
- Photos of damage to personal property
- Names and contact info from witnesses
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