A car turns left across your lane at an intersection. The driver says he never saw you. You were wearing your gear and riding at the limit, but the injuries are serious and the insurance adjuster is already asking questions about your speed. Motorcycle claims follow the same basic rules as car accident claims, with several important differences.
Riders are covered by accident benefits
Motorcycles are automobiles under Ontario’s Insurance Act. A rider or passenger injured in a collision can claim statutory accident benefits and can sue an at-fault driver, like anyone else injured in a car accident.
Your accident benefits usually come from your own motorcycle or auto policy. If you have no policy of your own and are not covered under a household policy, the insurer of another vehicle involved generally pays.
The July 2026 changes and riders
Since July 1, 2026, only medical, rehabilitation and attendant care benefits are mandatory. Income replacement, non-earner and caregiver benefits and the rest are optional, and you can only claim them if they were purchased on a policy you are connected to. Riders often choose minimal coverage on bikes they only use in summer, so check what your motorcycle policy actually includes. Our post on optional accident benefits explains the change.
A second issue is seasonal coverage. Some riders reduce or suspend their motorcycle coverage over the winter. If you ride while coverage is suspended, you may have no coverage at all.
How fault is decided
Many motorcycle collisions involve a car turning left across the rider’s path, changing lanes into a rider’s blind spot, or opening a door into the rider’s path. In those cases, the driver is often primarily at fault.
Insurers commonly argue that the rider was partly responsible:
- Speed. Expect arguments based on estimated speed, skid marks and witness impressions. Accident reconstruction can be important.
- Lane position and lane splitting. Riding between lanes of traffic is not permitted in Ontario and is often raised against riders.
- Visibility. Insurers sometimes argue that riders should have done more to be seen.
Fault can be shared, and a rider’s compensation is reduced by their share. That reduction can be significant, so evidence gathered early matters.
Gear and helmets
Ontario law requires motorcycle riders and passengers to wear an approved helmet. Not wearing one can reduce compensation if the injuries would have been less serious with a helmet. Insurers sometimes make similar arguments about other protective gear. These are arguments about the extent of the injuries, not about who caused the crash.
Injuries and the claim
Motorcycle injuries are often serious: fractures, road rash and skin grafts, spinal injuries and brain injuries. Serious injuries can meet the catastrophic impairment criteria, which raise benefit limits significantly. In the lawsuit, compensation for pain and suffering requires an injury that passes the tort threshold, and a statutory deductible applies. Our post on the tort threshold and deductible explains how those work.
What to do after a crash
- Get medical attention, even if you feel able to ride away.
- Photograph the scene, the vehicles, your bike, your gear and your injuries.
- Keep your helmet and damaged gear. Do not repair or throw them away.
- Get witness names and any dash camera or nearby video.
- Report the collision and notify your insurer within seven days.
- Do not give a recorded statement about speed or lane position before getting advice.
Our post on the first 48 hours after a car accident covers the reporting steps in more detail.
Deadlines
Written notice to the at-fault driver is due within 120 days, and the general limitation period for a lawsuit is two years. Our post on limitation periods explains the rules.
How we can help
At Kabir & Alam, we represent riders and passengers in accident benefit claims and lawsuits, and we work with reconstruction and medical specialists to answer arguments about speed and fault. Read more about our motor vehicle accident practice or book a consultation with us.
This post is general information about Ontario personal injury law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.