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Compensation for Cyclists Involved in Motor Vehicle Accidents
A cyclist who is involved in a motor vehicle accident is entitled to the same compensation that passengers injured in a car accident are eligible for. Compensation may be attained via the mandatory accident benefits claim or by filing a tort claim. Under the laws in Ontario, a cyclist can both claim the mandatory benefits and also sue the driver at fault to get compensation.
Accident Benefits Claim
Under the Ontario legislation, every automobile insurance policy is mandated to provide accident benefits coverage which is defined and regulated by the Statutory Accident Benefits Schedule. This means that the cyclists can claim the mandatory accident benefits from their auto insurance company even if they weren’t using their car at the time of the accident. If the injured cyclists have no auto insurance, then they can make the claim at the automobile insurance company of the driver at fault. If none of those involved in the accident have an auto insurance policy, the claim can be made at the Motor Vehicle Accident Claims (MVAC) Fund which is administered by the provincial government.
On top of claiming the mandatory accident benefits, an injured cyclist can also sue the driver at fault. The lawsuit can claim damages for pain and suffering, loss of enjoyment of life and loss of amenities, past and future loss of income, loss of household and handyperson capacity and future cost of care.
Family Law Act
The cyclist’s close family members can also file a claim through the Family Law Act. They can make a claim for loss of guidance, care and companionship; the value of nursing, housekeeping and other services the family member has performed or will perform for or on behalf of the injured person; loss of income and reasonable expenses incurred on behalf of the injured person.
If the cyclist was killed as a result of the accident, his or her family can file a claim for loss of guidance, care and companionship; loss of shared family income; loss of the value of household and handyman services the deceased performed; funeral expenses and other expenses related to the death.