It is no secret that motorcyclists are at a high risk for injuries and fatalities when an accident occurs. Motorcycle accidents are also associated with high medical expenses that often exceed your insurance coverage. If you’ve been in a motorcycle accident, you likely have many questions and concerns about how to get the benefits you deserve.
The motorcycle accident lawyers at Findlay Personal Injury Lawyers are skilled at navigating the aftermath of motorcycle accidents. When you exercise your right to hire one of our lawyers to represent you, you can focus on your health while our experienced team handles the paperwork, investigations, and negotiations needed to get you fair compensation.
Motorcycle Accident Injuries
According to the Canadian Medical Association Journal (CMAJ), motorcycle accidents are 10 times more severe than car accidents. This translates into medical costs that are six times higher and fatality rates that are five times higher than with car accidents.
Motorcycle injuries are quite often classified as catastrophic injuries. Catastrophic injuries are those that impede your ability to take care of yourself. Examples of catastrophic injuries include:
Motorcycle Accident Compensation
Depending on the circumstances of the incident, you may be eligible for three types of motorcycle accident compensation in Ontario. Statutory Accident Benefits, loss transfer, and lawsuits can all factor into recovering damages after a motorcycle accident.
Since Ontario has a no-fault system, you have access to Statutory Accident Benefits no matter who caused the accident. In order to receive benefits, you will need to notify your insurance provider of the accident within seven days. Applicable benefits covered by your insurance may include:
- Income Replacement
- Attendant Care
- Loss of Educational Expenses
- Visitor Expenses
- Housekeeping and Home Maintenance
- Replacement of medical or dental devices damaged in the accident
- Replacement of clothing damaged in the accident
- Fees charged by applicable agencies for assessments and examinations
- Death and Funeral Costs
Your insurance company may deny your claim or limit your benefits for various reasons, but you have the right to appeal.
Unlike an accident involving two cars, when a motorcycle and a larger motor vehicle collide, a stipulation called loss transfer may apply. Loss transfer is intended to account for the disparity in injury when one vehicle is much larger than another.
As stated by the Financial Services Commission of Ontario (FSCO), “loss transfer shifts costs from insurers insuring motorcycles to insurers of other classes of automobiles under certain circumstances.” As a result, loss transfer may hold the car owner’s insurance partially responsible for your expenses.
If you suffer a serious and permanent injury and were not at fault or were only partially at fault for the accident, you may be able to file a lawsuit against the car driver for damages beyond what is covered by insurance. You may be able to sue for:
- Medical expenses
- Rehabilitation costs
- Wage replacement
- Pain and suffering
Contact Us for a Free Motorcycle Accident Consultation
At Findlay Personal Injury Lawyers, we understand how life-altering a motorcycle accident can be for you and your family. We also know how challenging it can be to get the benefits you need to have a successful recovery and get back on your feet.
Call us at 905-522-9799 for a free consultation and find out how we can help you through this difficult time. We serve Brantford, Burlington, Hamilton, and the surrounding areas of Ontario.