The frustration of getting compensation after a car-bike collision

Collision

This is a story about Daniel, his wrecked bike, the insurance company of the driver who hit him, and his struggle to get compensated. (Photo credit: Jari Schroderus)

A driver collided with Daniel and totalled his bicycle. Thankfully Daniel was mostly unhurt. Daniel had recently arrived from Germany and didn't have much money to buy himself a new bike. Not being Canadian, Daniel wasn't aware of all the details of Canadian law and insurance, but he made up for it with determination. Daniel found my page on how to make claims against the driver's car insurance (all credit to Patrick Brown from McLeish Orlando for writing up some excellent advice) and we worked together to find a solution: get money for Daniel's totalled bike. We hope this can help others who end up in the same situation.

Daniel called the driver's insurance company. The agent, either intentionally or foolishly, told Daniel that he would need to get a lawyer in order to make a claim. This is completely wrong and the agent should have been reprimanded for giving patently false information. After we chatted I had found that the Financial Services Commision of Ontario would be able to help Daniel pursue the matter. Daniel emailed the FSCO and got in contact with the complaint officer who got the stone rolling. Here's the result:

so after a long two weeks and loads of phone calls and emails: I finally have approval that the damages on my bike get paid for by the car owners insurance. Let me run you by the steps I had to go through so you can update the information on your webpage so everyone knows how to proceed in a situation like this.

After your last email I contacted the fsco - as you suggested. They pointed me to this webpage http://www.fsco.gov.on.ca/en/insurance/complaints/pages/default.aspx. I went ahead and filed a complaint with the insurance companies complaint officer. This was addressed to very quickly and they filed a complaint for me. So whatever I got told on the phone that I need to get a lawyer was just wrong and even the insurance company apologized for the person giving me the wrong information (I don`t know if this is the standard procedure insurance companies go through on the phone just to scare people off - so it might be worth mentioning that).

I made clear that I only wanted the repair costs for my bike to be covered which does not seem to be standard over here (I assume this is why car insurances are so rediculously expensive in Canada) and the officer that was in charge of the claim was really surprised and approved my $590 CAD claim for a 5 year old originally priced at $1100 CAD bike within 2 hours. I am currently only waiting for the release form that will get mailed to me after which they send me a cheque to get my bike repaired. If you would want to claim anything concerning reimbursements for injuries or maybe compensation for the time you were not able to work: I cannot say too much about if that would go as smooth but I guess the filing the claim procedure would stay the same.

The fsco also pointed me to this page http://www.fsco.gov.on.ca/en/auto/mvacf/Pages/mvacf_property.aspx which would be suitable for hit and runs or in case the driver is not insured. They offered to file a claim but I decided to go through the drivers insurance instead.

I hope updating the information on your webpage helps more people (although I rather hope less people get hit and more drivers use their eyes/mirrors more often - but accidents happen anyways).

I've often had people email me after they've been in a fall or collision and I try my best to point them to resources, lawyers or other people who can help. I had asked Daniel to let me know how things went. It was satisfying for me to see some resolution for Daniel. It's no small task to keep dogging insurance companies and navigate the bureaucracy of government and corporations.

For some background, Daniel's email:

Hi,

I read through the information you provide towards "http://www.ibiketo.ca/guide/how-tos/how-claim-insurance". As I was in an accident today where the driver went into my lane and hit me (which he does not admit and stated to police that he was in his lane) I was wondering how
to proceed in this matter. No witnesses were there as every car just drove on that witnessed it. So its his word against mine. I was wondering if you could shed some light in the dark on if I have to get a lawyer to actually get money for the damages caused to my bike.

Thanks in advance

Daniel

I prefer to call it a collision since "accident" presupposes that there was nothing that could have been done differently. That usually only applies in the case of meteors falling out of the sky and not with motor vehicles driven with human agency.

After I explained the no-fault insurance part, Daniel got back to me after he reached a dead end where the insurance agent suspiciously derailed him from making a claim:

Hi Herb,

sorry to bother you again but I tried to contact the insurance today and they are saying that I can not put a claim in in person but would have to go through a Lawyer - which would most probably cost me more then the parts  to repair my bike themselves. I am kind of lost in this (just moved here 6 months ago from Germany - where things are handled very differently as in the police would make sure the drivers insurance pays any damage caused to the cyclists bike) and I am kind of lost in this - my first and hopefully last - legal matter.

If you find a minute to advise me on how I can proceed with filing that claim - I`d greatly appreciate this! My Fork, front wheel and a few bits and bobs are bend/broken and at the moment I am looking at $400CAD to replace the parts. I really feel stupid for not just calling an ambulance and sueing the person that hit me - but thats not who I am. I thought everyone that makes a mistake would pay for the damage they cause (or at least the insurance). But over here things seem to go very different - from what I am experiencing.

Happily, once I insisted that insurance claims could be made without lawyers, Daniel started getting some results slowly as you read at the top. Indeed, the whole point of no-fault insurance was to avoid getting lawyers involved! I strongly suspect that Daniel is right that either it's standard procedure in this company or this individual agent's procedure to try to scare people away from making claims with lying.

When asking Daniel if I could print our conversation, I also asked him if he had anything else to add so others can hopefully avoid the same trials and tribulations. Daniel replied:

[C]yclists should NEVER leave the scene of the accident (which I unfortunately did). Gather as much information as possible if you are able to. Get as many witnesses as possible (and their details).

I guess if I would have been hurt in the accident and it would have come to a court case I would have not been lucky as I did not have any witnesses, the driver said he stuck to his lane (which is a lie), and we left the scene to go to a bikeshop to get a quote for the damages on the bike (the driver wanted to give me $100 which would not even have covered the replacement front wheel). The only thing I was able to collect as evidence later was the marks of my tire on the asphalt from locking my back wheel.

Another thing cyclists should do is call the police (911 will do but if noone is injured call 416-808-2222 and wait - it took about 1.5 hours in my case) because without a accident report from an officer it could also get messy. The officer was really friendly and told me that I might even have to sue the driver because its his word against mine (as the tire marks could have come from anyone) - which shows that even the police can be misinformed on how the law sees this.

All this wouldn`t have happened if I would have taken a picture of the accident scene, had witnesses or anything else to prove that it was not my fault.

After reading up on other webpages: you should also - even if you do not need a doctor/ambulance right away - keep documentation of your injuries as in photographing cuts, bruises, etc regularly in case something turns out to be worse then you thought later.

All excellent advice. After being in some minor and major collisions myself, I've gotten more savvy on just taking a breather. The driver might want to leave but you're in no obligation to let them go. On the contrary, call 911 and tell them you've been in a collision and that you might have injuries (you often can't tell when pumped up on adrenalin). Take photos. Get the driver's documents. FInd witnesses and get their phone numbers. Who cares if it takes hours. You never know if the next day you find out you've got a concussion or some other injury. Or damage you didn't see in the moment. Get a lawyer or advice from a lawyer. You shouldn't feel embarrased or ashamed for doing a thorough job of protecting yourself. We're already vulnerable enough as people on bikes or foot in a car-centric world.

herb : 7 years 9 months ago
Tags: collision, insurance

RIP Protected Bike Lanes in Toronto: how a badly considered accessibility policy will endanger people of all abilities

Toronto could have done accessibility right. Like this:

Chicane for accessible access
Cycle track with chicane for accessible access. Source: http://www.mplsbike.org/ada_compliant_protected_bike_lanes

At least this is what normal cities do. Cities like: Montreal, Vancouver, American cities, European cities. But here in Toronto, instead of trying to properly make cycle tracks accessible so that people with accessibility permits for their cars can cross the cycle track easily, we just let drivers park wherever the hell they want. Like this:

Car parked in protected bike lane
Permit or no, all cars look the same when they're blocking your way. Source

Problem solved.

Not so fast.

What about people who are using bicycles because they have mobility problems? There are a lot more people doing this than you think. Bicycles are much easier to move around than walking. And as the population ages and more people start getting arthritis, more people are going to choose cycling over walking as a way to get moving. Not to mention that families with children on bikes still exist and will still want to use protected bike lanes. This decision endangers them all. All for the convenience of one narrowly-defined segment of people with disabilities.

I predict that it won't be long before someone sues the City for failing to maintain accessibility standards. The protected bike lane is part of public infrastructure and arguably this puts a duty on our government to make it safe and accessible to all users (not just the spandex wearering).

For some background, Councillor Kristyn Wong-Tam got the ball rolling on this one reportedly. It started with a complaint at 24 Wellesley that someone could no longer drop someone off at the front door of their condo (even though there's access on two other sides of the building). Wong-Tam championed the removal of the protection of the bike lane in that section so that they (and anyone other schmuck) could now block the bike lane.

But that wasn't enough, there had to be a comprehensive weakening of protected bike lanes. Wong-Tam reportedly requested staff to start this process and led the advisory committee where they did their consultation (although failing to consult the wider public). This led to the Public Works and Infrastructure Committee to accept the proposed "solution".

To be extra clear, Toronto absolutely should make the city more accessible for everyone. But this isn't the solution. This endangers vulnerable road users, including families, elderly and people with disabilities who choose to bike. The City fails to address any of their concerns and likely puts themselves at legal risk by doing so.

I quote Raj, one of the first members of Cycle Toronto, here since he puts it much better than I could:

I was part of the effort to have these lanes installed while I lived in Ward 27 and I still use these lanes when I go downtown. It is unbelievable to me that the city is proposing to allow parking in bike lanes! I'm not sure those supporting this proposal appreciate how seriously this would undermine bike lanes and put cyclist safety at risk. It has taken years of progress to even begin to instill into drivers that it is not OK to park in bike lanes. To allow some drivers to park in bike lanes would severely undermine this (finally) developing norm and would embolden all drivers to park in bike lanes, putting cyclists at a serious risk of injury because of the (now) false sense of security they will have. The report does not consider the sheer number of drivers who have Accessible Parking Permits (many of them improperly obtained or used) who will be able to take advantage of this exception. There is not even a requirement that the person being loaded or unloaded be disabled in a manner that requires direct curbside access. I see no evidence in the report that we must resort to this drastic measure of allowing drivers to park in bike lanes to accommodate those who are inconvenienced by their location. I fail to see why site-specific modifications can't continue to be made (or, God forbid, drivers be expected to stop in car traffic lanes) rather than undermining bike lanes and putting cyclist safety at risk. It is shocking that this proposal may be implemented on such short notice and without public consultation. I would request that this matter be deferred to so that more affected users might have a chance to consider this proposal and provide input or make deputations. This might also save the city from a great deal of embarrassment and public anger by blindsiding residents with such a drastic and ill-considered change.

I urge the City to adopt a real solution here, much like that adopted elsewhere, that allows people unload without blocking the protected bike lane.

herb : 7 years 11 months ago
Tags: accessibility, protected bike lanes

This humble corner now connects an essential bike route: Railpath to Richmond/Adelaide

Tucked into the southwest corner there was a humble gate , no bigger than a door, on the Queen Street campus of CAMH (Centre for Addiction and Mental Health). So unassuming that it's hard to imagine it is the key to one of the most important cycling connections in Toronto. The Ward 19 Cycle Toronto group petitioned, negotiated and worked with Transportation Services staff and CAMH property management to improve the access by opening up a more visible gate. It's even better than what we had envisioned a few years ago, which was this:​

Proposed design by Ward 19 group

Metal bollards were installed to prevent the neighbouring condo from blocking the entrance with their dumpsters. Oddly enough the City owned a small sliver of land here which meant that staff didn't need to get approval from any landowner, other than CAMH's to make a hole in the fence.

The Railpath part two (soon to start) will end just a couple blocks west of here at Abell, putting bikes onto Sudbury. From there to continue towards downtown the option is to either go down Sudbury to King, possibly to Douro/Wellington, or to go through CAMH onto Adelaide, which is residential until Bathurst and has protected bike lanes (most of the way) to Parliament. This new gate is a welcome addition to this city, and I hope it'll mean even more cooperation from CAMH to improve cycling access.

herb : 8 years 2 months ago
Tags: Adelaide, bike trails, CAMH, railpath, Richmond