Environmental awareness and a culture of increased physical fitness have led many people to become avid cyclists. But accidents happen, even to those on bicycles. The Insurance Corporation of British Columbia (ICBC) insurance might cover the losses if the accident involved a motor vehicle.
If the accident only involved the bicycle, a pedestrian, or a fixed object, the question becomes more complicated. Many factors can affect how you may pursue compensation, but our Preszler team of bicycle accident lawyers are here to help you navigate the situation.
ICBC coverage for bicycle accidents involving a vehicle
If you’ve been in a bicycle accident with a motor vehicle, the type of ICBC coverage available is affected by who was at fault for the accident. When the driver of the vehicle caused the crash, their liability policy may provide you with benefits– including the cost of medical treatment, physiotherapy, lost wages, property loss, and pain and suffering.
If you, as the cyclist, were at fault, you may still recover from ICBC, but it would be limited to only economic damages. In other words, there would be no award for non-economic losses like pain and suffering. Instead, that type of claim is a no-fault claim for Part 7 benefits.
In addition to ICBC benefits, a bicyclist may have access to coverage through other policies like homeowners or disability insurance. It is important to speak with a personal injury law firm after an accident to be sure you have looked into every possible source.
Coverage under Part 7
Under Part 7 of the Insurance (Vehicle) Regulation, when coverage applies, no-fault insurance benefits are afforded to those who are injured or killed in Canada or the United States in accidents involving a motor vehicle. Therefore, not just cyclists, but also pedestrians and others on the road who are not occupying a vehicle– but sharing the road with one, might be covered regardless of fault.
Any resident of BC who has a driver’s license or car registered in the province, or who lives with someone who does, is covered under Part 7. Bicyclists who do not otherwise qualify but who are involved in a crash with a vehicle registered in British Columbia are also covered.
A Part 7 claim must be filed within 30 days of the accident, and it can provide:
Pursuing a tort liability claim
Every motorist must carry at least $200,000 in third party liability coverage, and most drivers carry more. If the motorist was at fault for your bicycle accident, then in addition to the types of benefits available under a Part 7 claim, a third-party ICBC liability claim may provide you with the cost of bicycle repairs and compensation for pain and suffering.
To succeed on a liability claim, you need to be able to prove that the operator of the motor vehicle was at fault, that it caused your injuries, and that the medical treatment and other losses were causally related to it. Working with our ICBC law firm can help you through the confusing and stressful process while helping you maximize your compensation.
If the accident did not involve a motor vehicle, there might still be options to pursue a liability lawsuit. For example, if the accident was caused by a property defect, you may be entitled to file a lawsuit against the owner or municipality.
Contact us at Preszler Law for a free consultation
Whatever the circumstances of your bicycle accident, your claim is unique. Speak with one of our ICBC lawyers to learn about your rights and legal options for pursuing a claim for your losses. We are dedicated to fighting for maximum recovery for those who have suffered from personal injuries. Call today to schedule a free consultation.