Everything You Need to Know About Filing a Cycling Accident Claim


Being injured in a bicycle accident can have devastating consequences for cyclists.

Injuries sustained from cyclist-motor vehicle accidents can often lead to pain and suffering, loss of income, and costly medical bills.

Fortunately, accident victims in Ontario can receive compensation for their injuries in a number of different ways.

Read on to learn more about your rights as a cyclist, what to do after a bike crash, and what you need to know when filing a cycling accident claim.


Bike hit by car legal advice in Vaughan, Toronto.


The Causes of Bicycle Accidents in Ontario

While there are many contributing factors to cyclist-motorist collisions, bicycle accidents often occur when drivers are unable to see cyclists.

Here are a few of the most common causes of bicycle accidents in Ontario:

  • Drivers failing to look properly at an intersection or failing to yield to cyclist.
  • Motorists passing the cyclist too closely.
  • Distracted drivers
  • Drivers not paying attention to bicycles
  • Aggressive drivers
  • Drivers of parked cars opening doors without looking for cyclists
  • Drivers using bicycle lanes

The majority of fatal cycling accidents in Ontario are also caused by motor vehicle collisions.

What to Do if You’re Involved in a Bicycle-Car Accident

A bike-car collision can be a traumatic experience.

If you ever find yourself in this situation, here are 6 crucial steps you should take immediately following a cycling accident:

1. Assess your injuries and seek medical attention

You should seek medical attention if you’ve been involved in a cyclist-motor vehicle accident – even if you sustain only minor injuries.

Once the shock of the accident wears off, you may realize you’re more seriously injured than you originally thought. Potentially fatal injuries, such as brain trauma, may not be apparent immediately.

It’s always best to have someone else examine your injuries, and get checked out by a medical professional as a precautionary measure.

2. Call the police

Be sure to contact the police and file an accident report when they arrive on the scene.

They will document each party’s involvement in the incident, which is necessary for your insurance claim.

3. Document the event

It’s extremely important to obtain contact information from the driver and any bystanders who may have witnessed the event. You should make note of the following details:

  • The name, address, driver’s license number, and phone number of the driver
  • The license plate of the vehicle involved in the accident
  • The name of the driver’s insurance provider
  • The names and phone numbers of any witnesses
  • The name and badge number of the police officer

Try to note as many details as possible, including the time and approximate location of the accident.

4. Take photos

If possible, take photos of your injuries and any damage that may have occurred to your bike for evidence. It’s a good idea to document the following:

  • The position of your bike and the vehicle involved before either is moved
  • Any damage to your bicycle and the vehicle

Remember to keep any damaged clothing or gear in case they’re needed as further evidence.

5. Take detailed notes

While the accident is still fresh in your memory, jot down as many detailed notes as possible. You should record:

  • The road conditions, weather, traffic conditions, and the type of gear you were wearing
  • The accident specifics (i.e. how did you fall, where did your bike end up, etc.)
  • How you are feeling and the injuries you sustained (including any unseen symptoms like dizziness or headaches)
  • Anything you remember seeing or doing leading up to the accident

6. Consult an attorney

If you’re unsure how to proceed after a cycling collision, consult a lawyer to help you with the claims process. An experienced personal injury attorney will ensure you get the compensation you deserve.


Bicycle accident settlement. Bicycle car accident in Toronto GTA.


Know Your Rights as a Cyclist

In Ontario, all cyclists involved in car accidents have access to insurance benefits, even if they are at fault.

In fact, a cyclist is given significant legal protection and various avenues to ensure they receive appropriate compensation for their injuries.

Generally speaking, an injured cyclist can receive compensation from one of the following means:

Cyclist-Motor Vehicle Accidents: Who is Liable?

Under Ontario law, both motor vehicle drivers and cyclists are covered by the province’s “no-fault” insurance system in the event of a collision.

This means that, regardless of who’s at fault, injuries are covered by your own insurance company.

If you don’t have your own policy, you can still make a claim for no-faults benefits to the insurance company of the car involved in the collision. (This is why it’s so important to get the driver’s insurance policy information before leaving the scene of an accident.)

When you make a claim under an auto insurance policy, you may be covered for damages to the bicycle if you were not at fault for the accident. And, most importantly, you may be covered for a range of medical costs, lost wages, and other expenses.

When a cyclist isn’t able to get the driver’s insurance information or license number – like in the case of a hit and run accident – cyclists can seek financial compensation from the Motor Vehicle Accident Claims Fund.

However, It is possible for an insurance company to deny you benefits outright. If this happens to you, it’s best to consult an experienced personal injury lawyer as soon as possible.


I hit a cyclist with my car. Cyclist hit my car in Vaughan, Whitby, Ontario


Filing a Bicycle Accident Claim

If you’ve been injured in a biking accident due to a careless driver, you may be entitled to file a personal injury lawsuit.

However, this is dependent on the ability to prove you were not at fault or partially at fault for your crash or injuries.

It’s also important to remember that bicycles are considered vehicles under Ontario Highway Traffic Act. So, any violation of traffic laws – such as failing to signal a turn – may affect your claim.

In order to build an effective claim, you’ll need to have as much information as possible. The following information will ensure you have a strong case:

  • The exact location at the time of the crash
  • Medical documentation of all injuries
  • Witness testimonies
  • The location of the vehicle involved in the accident

If you want to ensure a positive outcome, you should seek legal counsel immediately following your accident. A knowledgeable personal injury lawyer can help review your case and determine whether you have grounds to file a claim.

Have you been involved in a bicycle accident? We can help.

If you’ve been injured in a bicycle accident, Conte Jaswal can help you.

Our team of skilled legal professionals has a wealth of experience in successfully dealing with cycling accidents and injuries.

We will help fight on your behalf and ensure you receive the compensation you deserve.

For further information or legal advice about a cycling accident, contact us today for a free, no-obligation consultation.

Learn more about Conte Lawyers

View More Articles