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car accident / need some advice

Submitted by soojin on September 9, 2009 - 4:59pm
in

Yesterday around Bloor and Shaw, a driver nudged my bike from the left. The road was pretty much empty and I was biking very slowly on the road (close to the sidewalk), so I have no idea what he was thinking. I fell off from the bike and broke my left foot. Won't be able to walk for weeks without crutches!

The police and ambulance were called at the scene. I want to get compensation for my medical expenses and this immense stress. Which step do I need to take from this point? I have a police report and the driver's insurance # with me.

Any advice will be helpful.

+++

As I walked out of the emergency room with a cast on, I saw another biker coming in with blood all over his face. I didn't realized until now that not getting hit by a car as a cyclist is pure luck.

Please stay safe...

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Sorry to hear about your accident, but glad the driver was at least good enough to stick around after causing the collision (I'm assuming). If you're intending to sue for damages (you should) keep in mind that because of a legal thing called subrogation, you will be dealing with the driver's insurance company and not the driver.

A good first step might be to call your own insurance broker for advice (if you have auto insurance through a broker), or you might have some luck calling the driver's insurance company and letting them know about the accident. Ultimately, chances are you're going to want to get advice from a lawyer.

Hope you're feeling better and back on your bike before too long!

ivanvector (not verified) September 9, 2009 - 5:24pm #

I recently had a similar experience, and I was asked - begged actually - by the driver not to go through insurance. She wanted to compensate me personally. But be aware that some of the processes that you need to go through in order to be compensated by the insurance company are time sensitive, and driver-cyclist negotiations can be a stalling tactic to make it more challenging for you to get your costs back. This was the case in my experience - after a week or so the driver changed her mind and decided to go through insurance. The claims person who I spoke to on the phone said that claims that are put in more than a week after an accident are investigated more rigorously then ones that are filed immediately.

Good luck with this. You deserve compensation, and should push to get what you are legally entitled to.

robb (not verified) September 9, 2009 - 5:59pm #

You can consult the ARC website for some practical legal advice on injuries. You need to get professional advice immediately.

Lawyer Patrick Brown LLB would be a good person to contact first.

When a cyclist is involved in an accident involving a motor vehicle and is injured are they entitled to compensation?

Yes. They are entitled to claim what are known as no-fault accident benefits and they are also entitled to pursue a potential legal action against the negligent driver. Many individuals think that no fault means they can not sue. That is not true. Depending on who is at fault for an accident an injured cyclist can claim both no fault benefits and commence a law suit.

herb September 9, 2009 - 8:15pm #

???
tks
LoK

lOCk September 10, 2009 - 5:24am #

Hi Soojin,

Did you get any advise yet?
If you haven't done so contact us 416-464-8057

Remember we can get you good compensation, plus all your recovery and legal fees are paid by insurance company

Attornet (not verified) September 28, 2009 - 7:25am #

Attornet ,

The number provided is for a janitorial service; that's just insulting.

And while an attorney can advise me, I would expect them to give me advice.

anthony September 29, 2009 - 8:01pm #