Being hit by a vehicle while riding a bicycle is frightening. It can be even more overwhelming when the driver leaves the scene. In addition to dealing with their injuries, the cyclist may be left wondering how they will pay for treatment, whether they can recover lost income and what happens if the driver is never found.
The good news is that a cyclist hit by a car in Ontario may still have options, even when the driver cannot be identified.
What Happens if a Cyclist is Hit by a Car and the Driver Leaves in Ontario?
A hit-and-run happens when a driver involved in a collision leaves without stopping to help, exchange information or report the collision as required.
For example, a driver may:
- Hit or sideswipe a cyclist and continue driving;
- Open a car door into a cyclist’s path and leave the scene; or
- Cause a cyclist to swerve and crash without actually hitting the bicycle.
A vehicle does not necessarily have to make direct contact with the cyclist for a claim to arise.
What Should You Do After a Hit-and-Run Bicycle Accident in Ontario?
Your health and safety should be your first priority. Call 911 if you are injured and report the collision to police as soon as possible. Ask for the police occurrence number and seek medical attention, even if you initially believe your injuries are minor. Some injuries may not become apparent until hours or days later.
If you are able, write down or photograph as much information as possible, including:
- The vehicle’s make, model and colour;
- All or part of the licence plate number;
- The direction in which the vehicle travelled;
- The collision scene and surrounding area;
- Your bicycle, helmet, clothing and injuries;
- The names and contact information of any witnesses; and
- Information recorded by a GPS device or cycling app.
It is also important to find out whether nearby homes, businesses or other vehicles captured the collision on video. Security and dashcam footage may be deleted or recorded over within a short period of time, so it should be requested quickly.
Do not repair or dispose of your bicycle, helmet or other damaged property until everything has been photographed and documented.
Can a Cyclist Receive Accident Benefits After a Hit-and-Run in Ontario?
Yes. A cyclist injured in a collision involving a motor vehicle may qualify for Ontario’s Statutory Accident Benefits. You do not need to have been driving or riding in a car to apply. Accident benefits for cyclists in Ontario may also be available if the cyclist does not have their own automobile insurance or the hit-and-run driver cannot be identified.
The coverage available will depend on the date of the collision, the insurance policies that may apply and the cyclist’s circumstances. Medical, rehabilitation and attendant-care benefits may help pay for treatment and assistance required during recovery.
Ontario’s Accident Benefits system changed on July 1, 2026. Medical, rehabilitation and attendant-care benefits remain mandatory. Other benefits, including income replacement, non-earner, caregiver, housekeeping, death and funeral benefits, are now optional. The applicable insurance policy must therefore be reviewed to determine what coverage was purchased and who is covered.
More information is available in FSRA’s guide to the Accident Benefits claims process.
Who Pays if a Cyclist is Injured in a Hit-and-Run in Ontario?
Figuring out where to apply for Accident Benefits can be confusing. Depending on the circumstances, the claim may be made through:
- The cyclist’s own automobile insurance policy;
- An auto policy under which the cyclist is covered as a spouse, dependant or listed driver;
- The insurance company for the vehicle that struck the cyclist, if it is identified; or
- The Motor Vehicle Accident Claims Fund, if no other automobile insurance is available.
The Motor Vehicle Accident Claims Fund is Ontario’s payer of last resort. It may provide compensation when no insurance policy is available, including in some hit-and-run cases where the vehicle cannot be identified.
A police report, medical records, photographs, witness statements, video footage and GPS ride data can all help show that the collision occurred and involved a motor vehicle.
Hit-and-Run Bicycle Accident Benefits and a Lawsuit Are Separate Claims
Accident Benefits and a lawsuit serve different purposes.
Accident Benefits are generally available without having to prove that the driver caused the collision. A lawsuit, also known as a tort claim, is brought against the at-fault driver and may seek compensation for pain and suffering, lost income, future care expenses and other losses that are not fully covered by Accident Benefits.
If police later identify the driver, the injured cyclist may be able to pursue a claim against the driver or vehicle owner and any other responsible parties. If the driver is never identified, a claim may still be possible through unidentified-automobile coverage or the Motor Vehicle Accident Claims Fund. The options available will depend on the facts of the case and the applicable insurance coverage.
Speak With a Personal Injury Lawyer About Cyclist Accident Benefits in Ontario
Hit-and-run bicycle claims can raise difficult questions about insurance coverage, unidentified drivers and filing deadlines. Getting legal advice early can help preserve important evidence and protect your right to pursue a claim.
Edwards Pollard LLP represents injured cyclists in tort claims against at-fault parties. If you or a loved one has suffered serious injuries in a bicycle collision, contact us to discuss your legal options.
Contact Edwards Pollard LLP online or call 289 529 0404 for a free consultation