Bicycle Accident Settlement in Ontario: How They Work and What to Expect?June 16, 2020
Bicycle Accident Settlements
You may be able to negotiate a bicycle accident settlement with your accident benefits insurer based on your medical rehabilitation needs and, if entitled, income replacement benefits. Your lawyer will assess, through an examination of medical records and expert medical / rehabilitation specialist opinion, your prognosis and recommendations for medical rehabilitation in determining a reasonable bike accident settlement of accident benefits.
Settlements will be capped by the benefits maximums available in your policy, such as:
- Income replacement benefits – $400.00 per week, up to age 65, after which your benefit will decrease (one week waiting period)
- Non-earner benefits – $185.00 for two years post-accident (four week waiting period)
- Non-catastrophic and non-minor injury medical rehabilitation and attendant care benefits – $65,000.00 for five years post-accident
- Catastrophic impairment medical rehabilitation and attendant care benefits – $1,000,000.00 for life
Accident benefits for bicycle accident insurance settlements do not consider fault for the collision.
You may be able to sue the at-fault driver for your income losses and future costs of care need not adequately provided for by your accident benefits insurer. You may also be able to sue the at-fault driver for pain and suffering. Most bicycle accident cases result in settlements.
In tort bicycle accident insurance settlements fault is a critical consideration.
With respect to bicycle accident cases, if you are on a public road or sidewalk the Highway Traffic Act assumes the operator of a motor vehicle is at fault if a collision involves a cyclist unless the at-fault driver can prove otherwise. This does not mean that the actions of the cyclist leading to the accident won’t be scrutinized. The at-fault driver will point to how you contributed to the accident and to the severity of your injuries, for example, you were not wearing a helmet, you were wearing dark clothing at night, or you were riding your bicycle recklessly, or in any other manner that would have diminished the motorist’s ability to avoid the accident. If your actions contributed to the accident or the severity of your injuries, your compensation will be decreased proportionately to your contributory negligence.
The accident victim proves entitlement to compensation. An experienced bicycle accident lawyer will collect pertinent income and medical documentation that accounting experts and medical experts will assess and provide an opinion regarding losses, prognosis, and future rehabilitation and medical needs.
Pain and Suffering
Regarding compensation for pain and suffering, your experienced bicycle accident lawyer will look to assessments made by judges and juries in past cases to determine a dollar value for your pain and suffering.
Pain and suffering and medical rehabilitation compensation are governed by legislation that for many victims of car accidents involving bicycles requires the victim to prove that he or she suffers a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function (known as the “threshold”). The legislation also imposes a deductible on compensation for pain and suffering. Only those who have suffered pain and suffering damages in excess of 131,854.01 can escape the deductible, which currently stands at $39,556.53 (adjusted yearly for inflation).
Getting the right help can make this ordeal a bit easier to get through. Himelfarb Proszanski can help. Call us for a consultation.
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