Pedestrian and Cyclist Injury Claims

Who this helps

Pedestrians and cyclists struck by a vehicle, including people hit in crosswalks, parking lots, driveways and bike lanes, and cyclists injured by a car door opening into their path.

You may have accident benefits even without a car

If a vehicle was involved, you may be entitled to accident benefits even if you do not own or drive a car. Your own policy responds first if you have one, then a policy on which you are listed or a dependant, then the insurer of the vehicle that struck you. We identify the right insurer and help you apply within the deadlines.

Claims against the driver

A pedestrian or cyclist can also claim against a negligent driver for pain and suffering, income loss and future care. In Ontario, when a motor vehicle injures someone on a highway, the law can place the burden on the driver to show the injury did not result from their negligence. Fault can still be shared, so evidence matters.

Evidence to preserve

• Photos of the scene, signals, crosswalk markings and lighting
• Names of witnesses and any dash-cam or doorbell video
• Your bicycle, helmet and damaged clothing, kept unrepaired
• Police report number
• Medical records from the first visit onward

Deadlines

Notify an insurer within 7 days and submit the accident benefits application within 30 days of receiving the forms. Most lawsuits must be started within two years. See what to do after a collision.

Fees

Injury consultations are free, and most files are handled on a contingency fee. Read how injury fees work.