Know your rights when bike involved in crash
For insurers, rules of the road apply to vehicles and bikes
Unlike motor vehicle drivers, cyclists aren’t required to have insurance to cover their wheels and actions.
But both are covered under Ontario’s “No-fault” insurance system when the two modes of transportation collide.
This means vehicle damage and some loss of income or lifestyle can be claimed under the motorist’s insurance — that is, if the driver has insurance, which is required by law.
“From a cyclist’s perspective, the important question is: ‘What happens when I’m hurt if I’m involved in a car accident and I have damage to my bicycle?’ ” said Natalie Dupuis, senior product manager with RBC Insurance.
“The least protection is available if the driver leaves the scene,” she added.
“Something many people don’t realize is they can actually go to their property policy,” Dupuis said. “So, if they have home insurance, their bicycle is protected on their policy.”
If the cyclist is a dependant covered under their parents’ home policy, the damage to their bike could be covered under it as well.
The amount of financial compensation depends on the value of the bicycle, the policy’s deductible amount and other terms of the contract, such as whether the value is affected by the bike’s depreciation or if the policy includes a replacement-cost clause.
“There are people out there with very expensive bicycles and, in that case, it is very important to know that they have recourse to that,” said Dupuis. “They might have put a special rider (in their policy) to specifically cover the bicycle they are riding.”
Cyclists who have their own car insurance policy may also have the option of claiming damages to their bikes under that coverage.
As an example, Dupuis pointed to accidents that occur when a cyclist rams into the opening door of a parked car, an infraction on the part of the motorist, who, if found guilty, is subject to fines and demerit points.
“If they are not at fault in an accident, a cyclist can approach the insurance company that covers the driver or owner of that vehicle to pay for damages,” she said.
Of course that isn’t possible in hitand-run accidents, where the cyclist is unable to get the driver’s insurance information or a licence number for the police to track down the driver, or in cases where the car is uninsured.
In those cases, the cyclist can seek financial compensation from the province’s Motor Vehicle Accident Claim Fund (MVACF), but it covers damage to vehicles only up to $10,000.
“If you have nothing (insurance coverage) whatsoever and you don’t know who hit you, it’s the coverage of last resort,” Dupuis said.
MVACF’s cap on injury claims is $200,000. “There’s some coverage from MVACF and, of course, OHIP,” said Dupuis.
Dupuis said it is always wise to call police when a collision between a cyclist and motor vehicle occurs.
“A cyclist may not realize they are hurt because of the shock of the accident,” she said. “They may think they’re fine, dust themselves off and put a Band-Aid on when they get home, but they may find later it’s more serious than they thought.”
Dupuis said it is important for cyclists and drivers to understand the difference between “No-fault” insurance and “Not-at-fault” accidents.
Under Ontario’s “no-fault” insurance system, regardless of who’s at fault in the accident, injuries are covered by one’s own insurance company, so no one has to go after the (to-be-determined) party at fault for compensation. The insurance companies determine who is to blame after all the evidence is gathered and the percentage of fault for each of the parties involved in the accident is reached using established “Fault Determination Rules.”
It is important for anyone in an accident that involves damages and/ or injury to have as much information as possible, from police reports and independent witnesses. Any accident with more than $1,000 in damages and/or involving injury must be reported to the police, while accidents with minor damage and no injury can be registered at collision reporting centres.
Both motor vehicle drivers and cyclists are subject to the same rules of the road, and although bike riders are not required to have insurance and cannot face demerit points for violations, like motorists, they are responsible for their actions.
In the eyes of the law and insurers, if a cyclist loses control of the bike after hitting a pothole or streetcar track and careens into a parked car causing damage, he or she is at fault for not having had control of the vehicle, just as is the case of a driver losing control of a car on the road, regardless of conditions.