If you are struck by a motor vehicle while walking or cycling, you can still advance an ICBC claim. In most cases you are also entitled to no fault benefits – even if you do not have ICBC insurance yourself.
Claiming No Fault Benefits for a Cycling or Pedestrian Accident
In order to claim no fault benefits, you must take the same steps as a motorist:
- Notify ICBC of the Accident. (Ideally within 24 hours)
- Give a statement describing the Accident. (Within 30 days of the accident)
- Submit a claim form to ICBC (CL22). (Within 90 days of the accident)
If you have insurance or someone in your household has insurance, you will claim under that policy. However, even if no one in your household has an insurance policy, you can claim against the insurance policy of the driver that struck you.
ICBC’s Liability Determination
ICBC generally claims that a pedestrian or cyclist was partially or wholly at fault, so you should not simply accept their initial liability assessment. Just because a pedestrian was jaywalking or a cyclist was in violation of a traffic rule does not mean that they are 100% liable for the accident.
Statutory Rights and Duties for Pedestrians & Cyclists
To be clear, cyclists and pedestrians must follow the rules of the road. For cyclists the Motor Vehicle Act specifically provides that “a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle.” There are also special provisions dealing with the rights and responsibilities of pedestrians and cyclists, and these will inform the court’s determining of liability in an accident
Common Law Rights and Duties
In addition to the rules set out in the Motor Vehicle Act, the law recognizes that cyclists and pedestrians are particularly vulnerable and therefore it is not enough for drivers of motor vehicles to merely follow the rules of the road. There is always a duty on motorists to avoid a collision, even when they have the right of way. So even a jaywalking pedestrian or a cyclist driving the wrong way down a street may not be entirely at fault, if it was possible for the motorist to avoid the collision.