What Can Cyclists Do To Protect Themselves Legally

A factsheet prepared for ARC by litigation lawyer

1. If you own an automobile, purchase an automobile insurance policy in your name. If your spouse or the person upon whom you are dependent has an automobile policy in your name, you will be covered under that policy.
2. If you are insured under an automobile policy, consider whether you need to purchase the right to receive increased Statutory Accident Benefits. This will depend on your earnings and other disability plans available to you.
3. You may wish to purchase private disability insurance to protect you if your injury does not arise from the use of a motor vehicle, and to provide better coverage than would otherwise be available if the accident does arise from a motor vehicle accident.
4. If you are a homeowner, make sure you have liability insurance that protects you.
5. If you are a tenant, purchase a tenant's package. You can not only protect your property from perils such as fire or theft, but also receive $1 million of liability coverage for your negligent acts. Although the cost varies depending upon your location and the value of your property, a tenant's package can be relatively inexpensive.
6. Reduce the possibility that you may be found to have contributed to your own injuries (which could reduce the damages to which you would be entitled) by following the rules of the road, operating a properly equipped bicycle in good repair and wearing a helmet.
7. If you are involved in an accident with a motor vehicle, get the licence plate number of the vehicle, the driver's name, and the names, addresses and phone numbers of any witnesses. Report the accident to the police as soon as possible.
8. If you are involved in an accident, seek legal advice early. This will ensure you will not miss any notice or limitation periods. It also allows for a timely investigation and, if necessary, referrals for appropriate medical treatment.