Injured bicycle rider entitled to accident benefits even where at fault party fled the scene

August 08, 2014, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

A bicyclist was involved in an accident with a sports utility vehicle.  The accident occurred in Kitchener at Lancaster Street and Guelph Street.  The accident happened in the evening at around 11pm.  The bicycle rider was taken to hospital after the accident.  The driver of the sports utility vehicle did not stay at the scene of the accident.  The sports utility vehicle and the driver were not identified. 

When a person is injured in an accident involving a car, truck or other vehicle, that person is provided with Accident Benefit Coverage.  Accident Benefits can provide a wide array of coverage for the injured person including but not limited to income replacement benefits, medical and rehabilitation services and attendant care services.  The first source for accident benefits is the motor vehicle insurance coverage of the person that is injured.  Regardless of who is at fault for the accident, accident benefits are first provided through your own insurance policy.  If you do not have an auto insurance policy, then coverage will come from someone upon whom you are dependent or a spouse.  If no such policy is available then you can claim accident benefits from the insurer of the driver that struck you.  However, in a situation where a bicycle rider or a pedestrian does not have access to any car insurance coverage, and they are not able to identify the at fault party, then they will be able to make a claim against the Motor Vehicle Accident Claims Fund with the Ontario government.  The Motor Vehicle Accident Claims Fund is referred to as the payer of last resort.  It provides accident benefit coverage for people that suffer injuries in motor vehicle accidents where no car motor vehicle coverage is available to respond to the injured person’s claim.  In addition to accident benefits, the Motor Vehicle Accident Claims Fund can provide compensation to the injured person for damages suffered in the accident.  This would include damages for pain and suffering, past and future income loss and future care costs such as medical needs and housekeeping assistance.  If you are involved in an accident and have suffered injury and loss due to the negligence of an unidentified party, you should contact our personal injury team immediately to assess the circumstances and the options available to you for accident benefits and damages for your past and future loss. 

Posted under Personal Injury, Automobile Accident Benefits, Bicycle Accidents, Car Accidents, Chronic Pain, Fractures, Pain and Suffering, Pedestrian Accidents, Treatment, Truck Accidents

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About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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