Pedestrians, Cyclists, and the Role of an Impact in Motor Vehicle Insurance Coverage

With the near tropical winter most Ontarians experienced this year, the number of cyclists on our roads in January and February was higher than ever. This naturally led to a rise in the number of accidents involving bicycles and motor vehicles. Despite the obvious coverage available to an injured pedestrian or cyclist who has been struck by a motor vehicle, the question emerges as to what recourse is available for a pedestrian or cyclist who is injured when there is no actual impact or physical contact with the motor vehicle alleged to have contributed to the incident. A common example of such a situation is a cyclist who crashes and sustains injuries while swerving to avoid being struck by a motor vehicle. The case law has developed around this question significantly with respect to Statutory Accident Benefits coverage. Despite the development of the law, an injured party in the situation described above can still expect the responding accident benefit insurer to initially ...

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March 2018 ABR Updater: Issue 44


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