Pedestrian & Cyclist Accidents

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.

1. See a Doctor

If you need emergency care, go the hospital. If not, it’s best to go to your family doctor. Explain 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 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 lighter work or help from coworkers.

3. Open an EI claim

Employment insurance sick benefits are available for up to 15 weeks following an accident if, as a result of the accident, your regular weekly earnings from work have decreased by more than 40% for at least one week. 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

Your car or motorcycle insurance includes coverage for things like physiotherapy, medication, and lost wages, among others. You have to notify your insurance company within 30 days of your accident if you plan on making a claim.

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 one already or let them know that you intend to hire one.

5. Contact a lawyer

Before talking to the other person’s insurance company, we suggest talking to a lawyer. The internet is great for little bits of information, but only a lawyer can give advice about your particular situation. Lawyers know your rights and obligations following an accident, as well as things you may never think to look for on Google.

Fidelis 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 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.

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.

Do I really need a lawyer?

Hiring a lawyer to represent you is completely optional. You can choose to handle your insurance claim alone if you want to.

Some people choose to do it themselves to save on legal fees, but we believe that in those cases the outcome will be worse than if they had hired a lawyer to represent them. 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 compensation you deserve.

Do I have a case?

We offer free consultations for injuries resulting from motor vehicle accidents, slip and falls, pedestrian accidents and other accidents, as well as long-term disability claims.

Do not hesitate to contact our team of lawyers for all your legal needs.