Even though people do not think about the injuries that the cyclists can sustain while cruising through the road, they really should be aware of it. A cyclist can sustain serious injuries if a motor car strikes it. Such accidents can cause health hazards and can alter the life of cyclists and their families significantly.
That’s why the lawyers of Pace Law Firm think that it is necessary for every cyclist to understand their rights and should be aware of the places that can offer them help. Below are some of the basic rights that would help an injured cyclist after the accident. Take a look.
Should You Get Compensation If You Get Hit By a Car?
Yes, you should. You can sue the driver of the car or the vehicle that hit you. You can also claim for a no-fault benefit. The claim benefits and the ability to sue, however, depends entirely on the extent of your injury.
What Happens If You Cause the Accident?
Even if you are at fault for the accident, you are still entitled to claim for the no-fault benefit if there’s a car involved. Most cyclists think that as they were not driving a car, the no-fault benefit would not be applicable to them. That is not true.
From Whom You Should Claim The No-Fault Benefit?
If you have auto insurance, you can claim the no-fault benefit through your auto insurer even if you were riding a bike. If you do not have auto insurance, you can claim the benefit through the insurance policy of the owner of the vehicle involved in that accident.
If you are in a hit and run accident, you can make the claim to the Motor Vehicle Accident Claims Fund. This fund is administered by the provincial government and an independent adjusting firm handles the claims.
How Can You Claim No-Fault Benefit?
When claiming the accident benefit, you should notify the insurance company within 7 days of the accident, or as soon as it is possible for you to inform them about it. The insurance company will then send you an application package which you should complete within 30 days after receiving the forms.
Once the filling up is complete, return the form to your insurance company as soon as possible. You will not get any benefit unless you fill in the form and submit it to the insurance companies. If you take more than 30 days to fill up the application form, you have to offer a reasonable explanation for that delay.
If you have a private insurance policy or an employment benefit, you should apply for that as well. The accident benefit will only cover the expenses that these benefits do not cover. Please remember that the insurance companies paying the accident benefit do not have any legal rights to collect the statement from you about the accident.
However, you have to provide them with all the relevant information that they require to process the claim. As the recorded or written documents that you provide to the insurance companies can be used against you or produced in a lawsuit, the lawyers of Pace Law Firm advise you not to offer them any such documents.
As the filling of the application form and claiming the benefits is lengthy and complicated, you should get in touch with experienced lawyers to keep this entire process smooth.
What If you cannot return To Your Work Because of The Injury?
In such a case, you have the option of suing the driver for your inability to earn money. Also, you can apply for the weekly incompetent replacement benefits.
What IF You Were Not Working At That time?
Rest assured, there are many benefits available that are for the cyclists who are hurt but are not working. These benefits are called non-earner benefits and are generally paid every week. Also, if your injury makes it impossible for you to take care of your kids, you can always claim a caregiver benefit.
What If You Need Rehabilitation and Medical Help To Get Better?
With some restrictions, a cyclist can sue for ongoing help that he or she requires due to the injuries. They can also claim the medical or rehabilitation expenses most of which are covered by OHIP or some other disability plans. If the injury of the cyclist is catastrophic, they can claim up to $ 1,000,000 as medical and rehabilitation benefit.
In catastrophic accidents, an injured cyclist can also receive attendant care benefits. The injured person can receive from $6,000 per month to $1,000,000 and there is no time limit.
So, these are some of the basic laws that will help cyclists if they face an accident. If you want to avoid the hassles, don’t forget to get in touch with the lawyers of Pace Law Firm.
