Motorcycle Accidents
Legal Options in Ontario
In Ontario, there are two options available to any motorist who was injured in a collision, including motorcycle riders.
Accident Benefits: any motorcyclist injured in an accident can make a claim for accident benefits under their own insurance policy, regardless of fault, under Ontario’s “no fault” insurance scheme.
Commonly accessed benefits include Income Replacement and Non-Earner Benefits, offering compensation for lost wages or income, and Medical and Rehabilitation/Attendant Care Benefits, covering treatments like physiotherapy, massage therapy, and chiropratic treatment.
Tort Claim (i.e. lawsuit): if a person is injured while operating their motorcycle and those injuries were caused or contributed to by the negligence of another driver (motorcyclist, motorist or otherwise), the motorcyclist may have a viable tort claim.
Lawsuits permit victims of accidents to receive compensation for pain and suffering, as well as for income loss or medical expenses arising from their injuries. To be successful in a lawsuit, a prospective plaintiff must prove that the accident was caused or contributed to by someone else and that the accident caused the injuries and damages which are being claimed.