If you are hit by a motor vehicle while riding your bicycle you may have an ICBC claim. Similarly if a cyclist causes an accident and you are the driver or passenger in a motor vehicle and you are injured you may also have an ICBC claim. In both situations you may be entitled to Accident Benefits (also called Part 7 or ‘no-fault” benefits) which cover disability and medical expenses and you may have a damages claim for injuries suffered because of the accident.
A note about cyclist injuries: Bicycles must follow the rules of the road just like any motor vehicle. That includes obeying traffic signals, using proper signals to change lanes and make turns and observing pedestrian crosswalks. However, even if you are not at-fault (you are hit from behind or someone opens a car door without looking and cuts you off) the presence or absence of protective head gear, bicycle lights, and reflective clothing are factors that can affect any claim for damages. For example, even if you were not at-fault your damages may be reduced if you were not wearing a certified, properly fitted bicycle helmet which would have prevented or lessened your injuries. Likewise, the absence of bicycle lights and reflective clothing when riding after dark or in poor weather conditions can be a factor that affects liability and therefore the percentage of monetary damages that you are entitled to claim.
