Car/Bicycle accident

[RougeUnderoos]

I was just riding my bike down the street (residential) doing my own thing, following the rules and all that and some dizzy woman decides to flip a U-ey (sp?) in front of me. She was waiting for the cars coming the other way and was paying no attention to the people (me) coming the other way.

Luckily, she spotted me at the last second, after she started rolling, and hit the brakes. Well, also luckily I know that a significant portion of the population has selective blindness when it comes to bicycles, so I knew it was likely that she was going to do something stupid so I had slowed down and was going to be able to avoid the collision.

I got to thinking, what happens if I do hit her? Is it considered an "MVA"? What about insurance? I certainly don't have collision on my bike, and I don't have an insurance company behind me like I would if I was on a motorbike. In this instance it would have been pretty clearly her fault, but what if it was mine?

I would have been hurt. What would I do? The easy answer is "sue her" and I know that, but is that really a thing to do in Canada? It seems like an American thing -- "sue him for everything he's got!". Would her insurance company play a role, or would they bail out because it wasn't a car accident?

I hope I never have to use this information, obviously, but it was just something I was thinking about.

I crashed into a car once and that one was definitely my fault, so the guy asked if I was okay (I was) and he just drove away. I wouldn't have been so lucky this time, doing 30 clicks into the broad side of a Saturn.

[sclitheroe]

Originally Posted by RougeUnderoos

I crashed into a car once and that one was definitely my fault, so the guy asked if I was okay (I was) and he just drove away. I wouldn't have been so lucky this time, doing 30 clicks into the broad side of a Saturn.

I've nailed cars at high speed on my bike before as well, and one was definitely my fault, I wasn't paying attention. The other wasn't my fault, someone stopped well beyond the white line at a stop sign and I went over their hood.

In both cases, the drivers were more concerned about my being OK, I guess because they would be terrified to have the cops and ambulance show up and have to try and explain it all. I guess it helped both were driving clunkers too.

As a cyclist, I fully expect and demand my rights as a motor vehicle, as described in the highway traffic act. I think that door swings both ways though - if I damage someone's car, I expect to pay up as well.

[Slava]

The insurance question is a little more complex...but there are two answers. You are considered a vehicle under the HTA, and so liability can be apportioned as such.

The health benefits though (for your treatments if you are injured) are under the car's coverage. It goes under their section B portion of the policy, and essentially covers you as though you were a passenger in the their vehicle. This is a no-fault type of coverage.