Hit by a Bike or E-Bike in Ontario? What to Do and How to Claim Compensation
By Kevin Whittington, Neinstein LLP Associate
As the weather warms, more cyclists are back on the roads and bike lanes. At the same time, delivery apps have made e-bikes far more common in cities across Ontario. These bikes are often heavier, faster, and more powerful than many people realize. In Ontario, e-bikes are generally limited to 32 km/h, but some are modified and can travel even faster. When a pedestrian or another cyclist is struck, the injuries are often serious. This is especially true as app based deliveries through services like Uber Eats, Skip The Dishes, and Door Dash continue to make e-bikes a common sight on Ontario streets.
If you have been hit by a bike or e-bike, seek medical attention as soon as possible. If the injuries appear serious or urgent, call 911.
Can I sue if I’m hit by a bike or e-bike in Ontario?
If you are injured after being hit by a bike or e-bike, you may have a claim for compensation. These cases should be taken seriously from the outset.
Depending on the circumstances, compensation may include:
pain and suffering
past and future loss of income
treatment and rehabilitation expenses
care and assistance needs
out of pocket expenses
What should I do at the scene?
This is one of the most important steps. Unlike cars, bikes do not have licence plates, so there is no easy way to identify the rider later if you do not get their information.
If you are able, try to collect:
the rider’s full name, address, and phone number
a photo of their identification
photos of the bike or e-bike
photos of the scene, your injuries, and any damage
names and contact information for any witnesses
police or incident report details, if applicable
If it was an e-bike, try to photograph it clearly. If there is anything suggesting the rider may have been making a delivery, document that too. Take photos of any delivery bag, branded clothing, or the rider’s phone showing a delivery app profile.
Is there insurance coverage if you are hit by a bike or e-bike?
Because no automobile is involved, accident benefits under Ontario’s Statutory Accident Benefits Schedule are generally not available.
However, there may still be insurance coverage. Many home, condo, or tenant insurance policies include personal liability coverage for injuries caused to others. In some cases, that coverage may respond to a claim against the cyclist.
Why is it important to act quickly?
Early steps can make a significant difference. Identifying the rider, preserving evidence, and documenting whether they appeared to be working at the time can all affect how the claim is pursued.
If you have been hit by a bike or e-bike, do not assume there are no options. These claims can be pursued, but they need to be handled properly from the outset.