Motorcycle Accident Lawyer in Ajax, Durham Region & the GTA

Two claims after a motorcycle crash

Accident benefits are no-fault benefits under Ontario's Statutory Accident Benefits Schedule, paid regardless of who caused the collision. Riders usually claim through their own motorcycle policy; if you had no policy of your own, another insurer may be responsible under the priority rules.

A tort claim is a lawsuit against the at-fault driver or other responsible party for pain and suffering, past and future income loss and care costs not covered by accident benefits. It is subject to Ontario's injury threshold and a statutory deductible on pain-and-suffering damages.

Common causes we see

• Drivers turning left across a rider's path
• Lane changes into a motorcycle in a blind spot
• Rear-end collisions at lights and in slow traffic on Highway 401
• Doors opened into a rider's lane
• Road defects, potholes and debris

Fault arguments riders face

Insurers sometimes argue that a rider was speeding, lane-splitting or not visible, or that injuries were worse because of gear. Ontario applies contributory negligence: blame can be shared, which may reduce compensation without eliminating it. Accident benefits are available regardless of fault.

Evidence to protect early

• Photos of the scene, the bike and your helmet and gear (keep the gear; do not repair or discard it)
• Police or collision reporting centre report number
• Names and contact details of witnesses
• Dash camera or nearby video, which is often overwritten within days
• Medical records, receipts and a record of missed work

Serious injuries

Motorcycle crashes often cause fractures, brain injuries, spinal cord injuries and road rash requiring surgery. Where an injury may be catastrophic, higher accident benefit limits may be available, and the designation process needs to start early.

Deadlines that apply

• Notify your own auto insurer within 7 days of a motor vehicle accident, and send the accident benefits application within 30 days of receiving the forms, or as soon as practicable.
• Most lawsuits must be started within 2 years of the date you knew or ought to have known of the claim (Limitations Act, 2002).
• Disputes over accident benefits generally go to the Licence Appeal Tribunal, which has its own time limits after a denial.
• Where a road defect or municipal maintenance is involved, written notice to the municipality is generally required within 10 days.

A late notice does not always end a claim, but it can create problems that are avoidable. Call early, even if you are still in treatment.

Fees

Injury consultations are free. Most injury files are handled on a contingency fee under a written agreement, explained before you sign. See how injury fees, costs and disbursements work.

Related guides

• Car accident claims
• Accident benefits and insurer denials
• What to do after a collision
• Catastrophic injury claims