In Canada, just like the drivers, there are specific rules for the cyclists as well. The cyclists are expected to maintain all the traffic rules. Riding on the streets also creates chances of accidents involving speeding cars and other vehicles. In such cases, even after wearing the proper gears, the rider often gets severely injured. The problem is, unlike the driver, the rider does not have any insurance to cover the expense.
However, the criminal lawyers in Toronto point out that the riders are not left without any legal recourse. In fact, in an accident involving the car, the cyclist gets significant protection from the law, and there are multiple avenues that help them to seek appropriate compensations for their injuries.
While each of the accidents is different and the legal actions mostly depend on the circumstances, here are some tips that can help you understand the steps you should take after such accidents.
The Ways To Get Compensation
The avenues of ensuring compensation after the accident vary significantly from one incident to the next. However, here are some of the common means of securing compensation.
- The insurance of the car involved in the accident might offer compensation to the biker involved in the accident.
- The car insurance of the cyclist can offer coverage. The insurance of the spouse or someone on whom they are dependent can also offer coverage.
- The Ontario Motor Vehicle Accident Claims Fund.
Claim for Compensation
When a cyclist gets injured by a car, he or she can sue the driver or the owner of the vehicle for compensation. In most cases, the injured person demands compensation in monetary terms.
Generally, it is the responsibility of the injured person to identify the responsible person for their injuries.
However, many criminal lawyers in Toronto point out that when a vehicle hits a cyclist and causes injuries, it is the responsibility of the driver to prove that the collision did not take place for his or her negligence. It offers a significant legal advantage to the cyclist when they seek compensation for their injuries.
Once you submit the claim against the driver, the insurance companies will take up the responsibility for responding to such events. The insurance company will cover the driver up to the policy limit and offer compensation to the rider.
If the at-fault driver does not have any insurance, check whether your car insurance or the insurance of your spouse covers such injuries and accidents. If you do not have access to such insurance, you can always file the claim through the Ontario Motor Vehicle Accident Claims Fund as a last resort.
Understand that the claim for the insurance benefit is significantly different than that of the damages. When a rider is injured by a car, he or she is entitled to claim the automobile insurance benefits for medical care, lost income, rehabilitation or attendant care. Who pays for the benefits depends on the situation of the accident.
All in all, as the cyclists ride on the road without any insurance, the Government of Canada offers significant protection to them. Get in touch with the criminal lawyers in Toronto if you want to know more about the protections that the cyclists enjoy.