Cyclist Collision Information

Steps to take Immediately following a Collision

  1. Do NOT get back on your bike.
  2. Call out for witnesses. Get phone numbers.
  3. Get the driver’s name, description, insurance information, and licence plate number.
  4. Call police, and ambulance if necessary, and wait for them no matter how long it takes.

If you are in a collision on your bike, chances are you will have a lot of adrenaline pumping through your system. Adrenaline is useful in blocking out pain and shock, but it also makes us a little stupid. You may feel fine when in fact you are badly hurt. You may also feel embarrassed, or just so bummed you want to get the hell out of there and pretend it never happened. Do not do this. You will regret it later.

Stay at the scene. Get witnesses and their phone numbers. Get the driver’s name, description, licence plate, phone number and insurance company. Ask the driver for their driver’s licence so you make sure you get their real name. The most important thing is to call the cops and wait for them to arrive—even if the collision doesn’t seem that serious. Make sure you say that the collision involves a cyclist, which means the cops are required to come to the scene. It is also a good idea to call an ambulance, even if you think you are ok, to check you out before going on your way.

Drivers often feel bad when they hit you, and act really nice, offering to pay damages, apologizing, etc. Later, however, they may realize that the law does not favour cyclists and they will more than likely forget their promises. If you call the cops and wait for them at the scene you will have much more going for you in the post-collision aftermath. In this case, an official police report could be your best friend.

If, for some reason, you didn't call the police to the scene, you may report the collision at your local police station where you will fill out a Traffic Violation Report. Many officers are not aware of this fact and you may be told to go to a Collision Reporting Centre. You don't have to do this! Stick to your guns and insist that they take your report at the station. Someone in the building will be familiar with the law regarding cyclists.

Information is key. The more names and phone numbers you can get the better. If you are injured at all you should have an ambulance come to the scene or go to a doctor right away and get an official letter describing your condition. If your bike needs repair get a written estimate from a bike shop, and keep all your bills and receipts. It's a hassle, but you will need all of this in order to make an insurance claim.

For financial compensation, look first to your own auto insurance (if you have it.) Next you may claim on the insurance of the driver, or any other vehicle that was involved in the collision. If none of these come through call the Motor Vehicle Accident Claims Fund at 1-800-268-7188. For more info on making insurance claims, check out Facts about Automobile Accident Injury Claims.

It may also be a good idea to talk to a lawyer. They know all the options and may have some surprising advice for how to reclaim damages or press charges. Do it soon, because some of your options might disappear if you wait too long. For instance, if you wish to file a suit against the city, you need to notify them within seven days. More info at How to Sue the City. ARC has also compiled a list of bike-friendly lawyers at ARC Lawyer List.

You might also be able to bring a successful action for damages in small claims court. It is a simple process that doesn't require a lawyer. Pick up an information kit at:

Communications Branch,
Ministry of the Attorney General,
1st Floor,
720 Bay Street,
Toronto, ON
M5G 2K1
416-326-2200
or from the Small Claims Court at College Park.

If you are angry, and want to direct your energy toward change, contact ARC today.

Categories: Injury