Reminder: injured pedestrians and cyclists are entitled to automobile accident benefits
We have been approached by countless people over the years who have suffered serious injuries after being struck by a motor vehicle while a pedestrian or cyclist. Undoubtedly, many of these people were shocked to learn that they were entitled to accident benefits from their or someone else’s’ car insurer even though they were not in a vehicle at the time of the accident.
In Ontario, every automobile insurance policy offers no-fault accident benefits coverage to the victims of accidents. The people who are eligible to claim these benefits include pedestrians and cyclists. These benefits are called ‘no-fault’ benefits for a reason: even if the injured person was committing a Highway Traffic Act violation when they were hurt, like jaywalking or making an unsafe move on their bike, they are entitled to claim accident benefits to assist with their recovery.
The coverage available to them can include the following:
– Medical/rehabilitation benefits
– Attendant care benefits
– Income replacement benefits
– Non-earner benefits
– Caregiver benefits
– Death and funeral benefits
– Other expenses (i.e., lost education expenses, visitor expenses, housekeeping and home-maintenance expenses, damaged clothing and belongings).
Injured pedestrians and cyclists are eligible for up to $65,000 in medical/rehabilitative and attendant care benefits for non-catastrophic injuries and up to $1,000,000 for catastrophic injuries. If the pedestrian or cyclist does not have automobile insurance of their own, they can apply for benefits through the insurer of the motor vehicle that hit them or through the insurer of a family member’s vehicle in certain circumstances. If there is no insurance available, they can submit a claim for benefits to the Motor Vehicle Accident Claims Fund, which was established by the provincial government to assist accident victims.
Accident benefits are available for up to 5 years for non-catastrophic injuries and for life for catastrophic impairments. It is imperative that people know their rights when they are hurt as a pedestrian or cyclist and access the benefits available to them to give themselves the best chance at a full recovery.
We can help you
The paperwork involved in applying for accident benefits can be overwhelming in the aftermath of an accident. If you have been hurt as a pedestrian or cyclist in a motor vehicle accident and would like to learn more or get help with your claim for benefits, please contact one of our personal injury lawyers. Every consultation is free.
