Types of accident and recommendations

While riding your bike, you are involved in an accident with a moving, registered motor vehicle (car, motorcycle, truck).

With the exception of a few rare cases, the is usually a motor vehicle accident as defined by the Public Automobile Insurance Plan; you should therefore be covered by the Société de l'assurance automobile du Québec (SAAQ). Even if the vehicle doesn't hit you directly, you may still be covered.

What you need to do

In all cases

• As long as you are still in control, and even if you have no serious injuries, it is important to have an accident report drawn up by a police officer, or to draw up an amicable report with the driver of the vehicle. You should also note the names of any witnesses.

In the event of injury

• If you have any doubts about the seriousness of your injuries, even if they appear minor, we strongly suggest that you undergo a medical examination within 24 hours of the accident - it may happen that discomfort or pain, not apparent at the time of the accident, may occur later.
• You have three (3) years to file a claim with the SAAQ following the accident, the manifestation of bodily injury caused by the accident or death. Making a claim

In the event of property damage

• If you have suffered material damage (broken bicycle, damaged clothing, etc.) and there is every reason to believe that the driver of the vehicle caused the accident, you can turn to the civil courts (such as the Small Claims Division of the Court of Quebec) to claim compensation.

While riding your bike, you collide with an opening car door.

Apart from rare situations, this is most often considered an automobile accident as defined by the Public Automobile Insurance Plan of the Société de l'assurance automobile du Québec (SAAQ). You should therefore be covered by the SAAQ.

What you need to do

In all cases

• As long as you are still in control, and even if you have no serious injuries, it is important to have an accident report drawn up by a police officer, or to draw up an amicable report with the driver of the vehicle. You should also note the names of any witnesses.

In the event of injury

• If you have any doubts about the seriousness of your injuries, even if they appear minor, we strongly suggest that you undergo a medical examination within 24 hours of the accident - it may happen that discomfort or pain, not apparent at the time of the accident, may occur later.
• You have three (3) years to file a claim with the SAAQ following the accident, the manifestation of bodily injury caused by the accident or death. Making a claim

In the event of property damage

• If you have suffered material damage (broken bicycle, damaged clothing, etc.) and there is every reason to believe that the driver of the vehicle caused the accident, you can turn to the civil courts (such as the Small Claims Division of the Court of Quebec) to claim compensation.

While riding your bike, you collide with a stationary, unmanned motor vehicle, sustaining injuries.

He not an automobile accident as defined by the Automobile Insurance Plan of the Société de l'assurance automobile du Québec (SAAQ).

What you need to do

In all cases

• You must rely on your personal insurance. If you have caused property damage, your personal home insurance can protect you in the event of recourse.

While riding your bike, you collide with another cyclist or pedestrian.

He not an automobile accident as defined by the Public Automobile Insurance Plan of the Société de l'assurance automobile du Québec (SAAQ).

What you need to do

In the event of injury

• If you are injured, it is strongly suggested that you undergo a medical examination within 24 hours. As a general rule, if you are found to be at fault, your private insurance will pay for the damage.

If you are not responsible for the accident

• If you intend to sue the other person involved in the accident because you consider him or her to be the cause of the accident, have a general report drawn up by a police officer: if there were injuries, «Person injured»; if there were no injuries, «Accidental damage to property».

If you are responsible for the accident, or if responsibility is unclear

• If responsibility for the accident is unclear, or if you are at fault, the other party may decide to take legal action against you. In such a case, private liability insurance (included in your home insurance) usually covers this type of situation. Notify your insurer as soon as possible. In any case, it may also be that, faced with the evidence, the party at fault assumes his or her responsibilities and wishes to settle the matter out of court.

While riding your bike, you have an accident caused by the state of the road or an obstacle in the way.

He not an automobile accident as defined by the Public Automobile Insurance Plan of the Société de l'assurance automobile du Québec (SAAQ).

What you need to do

If you suffer physical or material damage and wish to take legal action, you must first establish which authority is responsible for the street, road, path or bridge. You'll need to find out who is responsible for the thoroughfare or structure on which you had your accident: the municipality, the Ministère des Transports du Québec, the bicycle path manager or the federal government.

Once you have this information, you must act quickly. In the case of cities, notify the city clerk, by registered mail, of your intention to sue the city concerned for the physical or material damage suffered, within fifteen (15) days of the accident. Municipalities often have a form for this purpose.