What to Do If You’re a Cyclist Hit by a Car

Being a cyclist hit by a car is one of the most frightening and disorienting things a person can experience. One moment you are on your bike, and the next you may be on the ground, injured, and unsure what to do.

The steps you take in the hours and days that follow can have a major impact on your health, your finances, and your legal rights. This guide will walk you through what to do, who pays for your care, and how the claims process works in Ontario.

Related: What Does Subrogate Mean for Your Personal Injury Settlement?

Key Takeaways

• A cyclist hit by a car in Ontario should prioritize safety, seek medical attention, document the scene, report the collision, and notify the appropriate insurer as soon as possible.
• Ontario law applies a reverse onus in collisions involving cyclists and motor vehicles, meaning the driver must prove they were not at fault for the collision.
• Cyclists may be entitled to accident benefits regardless of who caused the accident, even if they do not own a vehicle.
• Fault can be shared between a cyclist and a driver, and compensation may be adjusted based on each party’s degree of responsibility.
• In addition to accident benefits, an injured cyclist may have the right to pursue a tort claim against an at-fault driver for additional losses.
• Bicycle accident claims often require careful investigation and medical documentation to fully understand the long-term impact of the injuries.

Your First Steps After a Bicycle Accident

When a cyclist is hit by a car, the scene can be chaotic and overwhelming. Knowing what to do right away can protect both your health and any future legal claim.

Prioritize Your Safety and Get Medical Help Right Away

Your health comes first. If you are able, move out of traffic to a safe location and call 911 immediately. Even if your injuries feel minor at the scene, adrenaline can mask pain, and some injuries – like concussions or internal trauma – may not be obvious until hours or even days later.

Always seek appropriate medical attention if you are injured. This creates a formal medical record that connects your injuries to the collision, which is important for any insurance claim or legal action.

Document the Scene Before You Leave

If you are physically able, take photos and videos of the scene. Photograph the vehicle that hit you, the road conditions, traffic signals, your damaged bike, and any visible injuries.

Collect the driver’s name, licence plate number, insurance information, and contact details. If there are witnesses nearby, get their names and phone numbers as well. This information can be very difficult to track down after the fact.

Report the Accident to Police

Under Ontario’s Highway Traffic Act, collisions involving injury must be reported to police. A police report creates an official record of the accident and can be an important piece of evidence in your claim.

If police do not attend the scene, you can file a report at a collision reporting centre. Do not skip this step, even if the driver is cooperative and you feel the matter can be handled informally.

Notify Your Insurance Company

Contact your own auto insurance company as soon as possible, even if you were not at fault and your vehicle was not involved in the collision. Ontario’s accident benefits system means your own auto insurer plays a role in covering medical expenses and income replacement after a collision, which we will explain in more detail below.

Cyclist Hit By Car: Understanding Who Is at Fault in a Bike vs. Car Accident

Fault is not always straightforward when a cyclist is hit by a car. In Ontario, fault is determined based on the reverse onus contained in the Highway Traffic Act, the rules of the road, the conduct of each party, and the specific circumstances of the collision.

The Reverse Onus for Collisions Involving Pedestrians and Cyclists

Ontario’s Highway Traffic Act applies a unique reverse onus whenever a vehicle strikes either a pedestrian or a cyclist.  Under the reverse onus, the vehicle driver bears the onus of proving they were not at fault for the collision.  This is the opposite of all other collision cases, in which the plaintiff bears the onus of proving the defendant was at fault.

How Ontario Law Determines Fault

Ontario uses a comparative fault system. This means that more than one party can share responsibility for an accident. Fault is assessed as a percentage, and your compensation can be reduced based on your share of the blame, if any.

In a tort claim, a judge or jury will look at the full picture of what happened. Understanding how the bike vs. car accident fault is determined legally can make a significant difference to the outcome of your case.

Common Situations Where the Driver Is Found Liable

Drivers are frequently found at fault in cyclist collisions, in part because of the reverse onus discussed above. Driver are often found at fault when they fail to check their mirrors before opening a door (known as “dooring”), turn without signalling, run a red light or stop sign, fail to yield to a cyclist in a bike lane, or are driving while distracted or impaired.

These are some of the most common causes of serious bicycle accidents, and in many cases, the driver of the vehicle bears the majority of the fault.

When Fault May Be Shared Between the Cyclist and Driver

In some situations, a cyclist’s own actions may contribute to the collision. Riding against traffic, failing to signal a turn, riding without lights at night, or ignoring traffic signals can all be considered contributing factors.

Even if you are found partially at fault, you may still be entitled to compensation. A personal injury lawyer can help you understand how fault will likely be assessed in your specific situation.

Who Pays the Medical Bills When a Cyclist is Hit By a Car?

One of the first questions families ask after a cyclist is hit by a car is who pays for the rehabilitation and therapy bills. In Ontario, the answer depends on a few factors, including whether the cyclist has their own auto insurance.

Your Own Auto Insurance and Accident Benefits

If you are a cyclist who also owns a car and has auto insurance, your own policy is generally your first source of accident benefits coverage. Ontario’s accident benefits system provides for medical and rehabilitation expenses, attendant care, and income replacement regardless of who was at fault.

These benefits are accessed through your own insurer and are separate from any claim you might make against the driver who hit you.

What Happens If You Do Not Own a Car

If you do not own a vehicle and are not listed on any auto insurance policy, you are still entitled to accident benefits. In Ontario, you can access coverage through the auto insurance policy on the vehicle that hit you, a household member’s auto policy, or as a last resort, through the Motor Vehicle Accident Claims Fund.

The process for accessing benefits in these situations can be more complex, and it is worth speaking with a lawyer early to make sure you are pursuing the right coverage with priority to pay benefits.

When the At-Fault Driver’s Insurance Covers Your Costs

In addition to accident benefits, you may be entitled to bring a tort claim against the at-fault driver. This is a separate legal action that can compensate you for pain and suffering, lost income, out-of-pocket expenses, and future care costs that go beyond what car accident benefits provide.

How the Bicycle Accident Claim Process Works in Ontario

After a cyclist is hit by a car, navigating the bicycle accident claim process can feel overwhelming. Understanding the basic steps can help you move through it with more confidence.

Filing an Accident Benefits Claim

Your first step is to report the accident to your own insurance company within seven days. You will then need to complete an Application for Accident Benefits (OCF-1 form) and submit it within 30 days of the accident.

Accident benefits can cover a wide range of expenses and supports, including physiotherapy, attendant care, and income replacement if you are unable to work.

Pursuing a Tort Claim Against the At-Fault Driver

If your injuries are serious, you may also pursue a tort claim for additional compensation. In Ontario, there is a deductible that applies to general damages in motor vehicle accident cases, and your injuries must meet a threshold to claim non-economic losses such as pain and suffering.

For cyclists who have suffered serious or catastrophic injuries, these thresholds are often met. Our team of catastrophic injury lawyers has extensive experience helping injured cyclists pursue full and fair compensation.

What to Expect in Terms of Timeline

Personal injury claims involving cyclists can take anywhere from one to several years to resolve, depending on the severity of the injuries, whether liability is disputed, and how long it takes to understand the full extent of your long-term needs.

Settling too early – before the full picture of your recovery is known – can leave you without adequate compensation for future care costs and lost income. A lawyer can help you understand the right timing for your situation.

Frequently Asked Questions

What should I do immediately after being hit by a car while cycling?

Your first priority should be your safety and health. If possible, move to a safe location and call 911 if you are injured. Seek medical attention even if your injuries seem minor, as some symptoms may not appear right away. If you are physically able, gather information from the driver, including their name, insurance details, and licence plate number. Take photographs of the scene, your bicycle, the vehicle involved, and any visible injuries. If there are witnesses, collect their contact information. These steps can help protect both your health and any future insurance or legal claim.

Do I need to report a bicycle accident involving injuries to the police?

Yes. According to the article, collisions involving injuries should be reported to the police. A police report creates an official record of the accident and may become an important piece of evidence later. If police do not attend the scene, you may be able to report the collision through a collision reporting centre. Even when a driver appears cooperative, it is generally advisable not to rely solely on informal arrangements and to ensure that an official report is made where required.

Who is usually at fault when a cyclist is hit by a car in Ontario?

Fault depends on the circumstances of the collision, but Ontario law applies a reverse onus in collisions involving motor vehicles and cyclists. This means the driver bears the burden of proving they were not at fault. Courts and insurers will still examine all available evidence, including the actions of both the driver and the cyclist. Common factors include road conditions, traffic signals, right of way, visibility, and compliance with traffic laws. Every collision is unique, and fault assessments are based on the specific facts of each case.

Can a cyclist still recover compensation if they were partly at fault?

Yes. Ontario uses a comparative fault system, which means responsibility for a collision can be shared between multiple parties. If a cyclist is found partially responsible, compensation may be reduced based on their percentage of fault rather than eliminated entirely. For example, factors such as riding without lights at night or failing to obey traffic signals may be considered when assessing fault. The final determination depends on the evidence and the circumstances surrounding the accident.

What is the reverse onus rule for cyclists and pedestrians?

The reverse onus rule is a unique feature of Ontario law that applies when a motor vehicle collides with a cyclist or pedestrian. Unlike most civil cases, where the injured person must prove fault, the driver must demonstrate that they were not negligent. This does not automatically mean the driver is fully responsible, but it does change how fault is analyzed. The rule reflects the greater vulnerability of cyclists and pedestrians when sharing the road with motor vehicles.

Who pays my medical bills if I am a cyclist hit by a car?

The answer depends on your insurance situation. If you own a vehicle and have automobile insurance, your own insurer will generally be the first source of accident benefits coverage. These benefits may help pay for medical treatment, rehabilitation, attendant care, and certain other expenses regardless of fault. If you do not own a vehicle, other sources of coverage may be available. Understanding which insurer has priority can sometimes be complicated, particularly in more complex claims involving multiple potential sources of coverage.

What if I do not own a car or have auto insurance?

You may still have access to accident benefits. The article explains that coverage may be available through the insurance policy of the vehicle involved in the collision, through a household member’s automobile policy, or through the Motor Vehicle Accident Claims Fund in certain situations. Determining the correct source of benefits can be more complicated when the injured cyclist does not carry their own automobile insurance. Seeking guidance early can help ensure applications are directed to the appropriate insurer.

Can I sue the driver who hit me while I was cycling?

Potentially. In addition to accident benefits, an injured cyclist may have the right to pursue a tort claim against the at-fault driver. A tort claim is separate from accident benefits and may allow recovery for losses such as pain and suffering, lost income, out-of-pocket expenses, and future care costs that are not fully covered by insurance benefits. Whether a claim is available and what compensation may be pursued depends on the nature of the injuries and the specific circumstances of the collision.

How long does a bicycle accident claim usually take in Ontario?

The timeline can vary significantly depending on the severity of the injuries, whether fault is disputed, and how long it takes to understand the injured person’s future needs. A relatively straightforward claim may resolve more quickly, while a claim involving serious injuries in Toronto or elsewhere in Ontario may take several years. The article notes that settling before the full impact of the injuries is understood can create challenges later if ongoing treatment or future care needs arise.

Should I speak with a lawyer after a serious bicycle accident?

It may be worthwhile to speak with an experienced Ontario personal injury lawyer if you have suffered significant injuries or are facing challenges with insurance benefits, liability disputes, or long-term recovery issues. For cyclists injured in places such as Toronto, Mississauga, Barrie, or elsewhere in the Greater Toronto Area, legal guidance can help clarify available benefits, explain the claims process, and ensure important evidence is preserved. Early advice can be particularly helpful when serious injuries may affect employment, rehabilitation needs, or future care requirements.

Reach Out to Oatley Vigmond After a Cycling Accident

If you or someone you love was a cyclist hit by a car, you do not have to face the insurance system alone. Oatley Vigmond is one of Canada’s leading personal injury law firms, with deep experience in serious and catastrophic injury cases.

We work on a contingency basis, which means you pay nothing unless we win your case. Our lawyers are available to meet with you – including in hospital if needed – to make sure you understand your rights and your options from the very beginning. Tell us your story.