Pedestrian & Cyclist Accident Lawyers
Car insurance is required by law to protect against damage and injuries done to other people, even if that person isn’t driving a car. That means that if someone in a car hits you while you’re on foot or riding a bicycle (or anything else that isn’t considered a motor vehicle, from rollerblades to skateboards), you may be able to make a claim against the driver’s insurance.
However, the insurance claim process is different in this type of accident compared to accidents involving two vehicles. Read on for simplified details – but we suggest talking to a lawyer, because every situation is different. You can contact us for a free consultation and we’ll help answer your questions.
What to do after a pedestrian or cycling accident
The insurance claim process after an accident can be overwhelming and confusing. Here are some guidelines to help you through the process – but keep in mind that every case is different, so it’s best to talk to a lawyer if you have questions about your specific situation.
If you want to know more about what to do after a motor vehicle accident, you can read our blog post about the steps you should take.
An important note about deadlines
There are several deadlines that affect motor vehicle insurance claims (and that also apply to pedestrian and cyclist claims). For example, you have two years after the date of the accident to file a lawsuit against the other person. When it comes to no-fault loss of income benefits you have to miss at least 7 work days out of the 30 days following the accident, or be on reduced duty, to potentially qualify.
1. See a doctor
If you need emergency care, go to the hospital. If not, consult your family doctor. Discuss all of your injuries. If your doctor places you off work or prescribes treatments or medication, it’s for your own health, so be sure to follow the advice they give you.
Keep your medical receipts! Each insurer works differently so you may have to pay upfront for treatments and send in receipts for reimbursement. In addition, any expenses you incur as a result of your injuries, like snow removal or housekeeping services, can be claimed against the other driver when the time comes. This type of insurance claim can take a while, so be sure to keep all of your receipts to track what you have paid for out of pocket.
2. Tell your employer
If you have been placed off work or given restrictions by your doctor, make sure to let your employer know. Provide doctors’ notes and explain the situation. If your job is physically demanding, it’s OK to ask for accommodations or help from coworkers.
3. Open an EI claim
Employment insurance sick benefits are available for up to 15 weeks if you are unable to work for medical reasons, your regular weekly earnings from work have decreased by more than 40% for at least one week and have accumulated the required insured hours. You can visit the EI sick benefits webpage for more information or call Service Canada at 1-800-206-7218.
4. Open a claim with your insurance company
Do not speak with the other driver’s insurance company! They may seem friendly and simply ask for a statement or offer to help, but the other driver’s insurance company is not your friend. You should refer the adjuster to your lawyer if you have retained one already or let them know that you intend to hire one.
5. Contact a personal injury lawyer
Before talking to the other driver’s insurance company, we suggest talking to a lawyer who has experience in personal injury law for advice on your particular situation.
Fidelis Law offers free consultations – contact us and we’ll help answer your questions. We also have a “no fee unless you win” policy, which means you pay nothing unless your insurance claim is successful.
6. Open disability claims with other insurers
If you have short-term disability or private health insurance (often through your employer), you should open claims with them as well. In the case of health insurance, you are required to use it before your car insurance will kick in for treatments and medications.
Articles about passenger, pedestrian & cyclist accidents
What to do if you are involved in a car accident as a passenger
Being involved in a motor vehicle accident can be a confusing, difficult or even scary situation regardless of the circumstances surrounding the accident. If you were a passenger in a vehicle that was involved in an accident, it can be even more … Read More
Cyclists, pedestrians, and passengers
Does my insurance cover me if I was hit by a car while walking? You may be wondering what kind of coverage a cyclist, pedestrian, or passenger would have. After all, a pedestrian may have a car insurance policy, but if she … Read More
What should you do if you were involved in a car accident as a pedestrian or cyclist?
With the arrival of spring also comes good weather. People take to the streets to walk, run, cycle, rollerskate and skateboard. However, it can be difficult for all of these people to share the road with motorists. A collision can occur unexpectedly. … Read More
Sharing the Road with Cyclists – Complicated Streets and Intersections
Motorists know most of the rules when it comes to sharing the road with cyclists, but sometimes drivers are faced with a less common situation they’re unsure how to navigate. These situations are doubly dangerous for cyclists caught in the middle. Here … Read More
Safety tips for Halloween
It’s the spookiest time of year! But we want to make sure the costumes and decorations are the only scary things out there on Halloween night. As little ghouls and goblins take over our neighbourhoods seeking out candy, make sure you are … Read More
Do I really need a lawyer?
Hiring a personal injury lawyer to represent you is completely optional.
Some people choose to represent themselves. We believe that hiring a lawyer to represent you is a smart move. The insurance company has a whole team of adjusters and lawyers on their side with years of experience in making sure insurance payouts – including yours – are as small as possible. A lawyer with experience in insurance claims, on the other hand, will fight for you to make sure you get the full accident settlement you deserve.
With offices in Moncton and Edmundston, Fidelis Law represents clients from all over New Brunswick. We will be in your corner every step of the way and will make sure you get compensated fairly. Whether it’s answering your questions, standing up to the insurance companies for you, or defending your rights before a judge, you can count on us.
How much will a lawyer’s services cost?
For motor vehicle accidents, Fidelis Law works on a contingent fee basis, which means you won’t have to pay us until you receive compensation for your injuries. Our payment will be a percentage of the amount we recover for you in an accident settlement or at a proceeding. Learn more about hiring a lawyer on a contingent fee basis.
