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If you’re cycling and collide with a car in Ontario, can you be found at fault?
Updated: May 5, 2026 by Aya Al-Hakim
KEY FINDINGS
- Cyclists in Ontario must follow the same rules of the road as drivers and can be found at fault in a collision.
- Even without a car, cyclists may still have access to accident benefits through their own or a household auto insurance policy.
- Auto insurance accident benefits apply regardless of fault and can cover medical, rehabilitation, and attendant care.
- Income replacement or caregiver support become optional as of July 1, 2026, and will no longer be automatically included in your auto insurance policy.
- If a cyclist causes damage or injury, home or tenant liability insurance may cover costs to others, but not the cyclist’s own losses.
- In cases with no available insurance, the Motor Vehicle Accident Claims Fund can provide limited compensation as a last resort.
- Bike damage is typically not covered under standard auto insurance and may require separate bike insurance or out-of-pocket payment.
Yes, under Ontario law, cyclists can be found at fault in a collision, which can carry legal and financial consequences.
One of the first things a driver should do after a collision—beyond checking to see if anyone is injured—is exchange insurance information with all parties involved. After all, driving without insurance is illegal in Canada, and even the mildest collisions can cause damage.
But what happens if a cyclist is involved in a collision with a car?
While cyclists aren’t required to carry auto insurance, they face a much higher risk of serious injury or financial loss in a crash. They aren’t protected by airbags, seatbelts, or the body of a vehicle. The price of repairing or replacing a bike can easily reach into the thousands.
Are cyclists in Ontario legally responsible in a crash?
Under Ontario law, cyclists must follow the same rules of the road as drivers.
“The rules of the road apply regardless of whether you’re in a car or you’re on a bike,” says Anne Marie Thomas, director of consumer and industry relations at the Insurance Bureau of Canada. “If you are riding your bike and you cause a collision, you can be considered at fault.”
Cyclists could be at fault for:
- Running stop signs or red lights
- Failing to yield
- Making unsafe lane changes
However, when a collision involves a motor vehicle and a cyclist, Ontario law also applies what’s known as a 'reverse onus'. This means the motor vehicle driver is generally presumed to be at fault, unless they can prove they were not negligent under the Highway Traffic Act.
In some cases, fault may also be shared. Under the principle of contributory negligence, a cyclist’s compensation can be reduced if they are found partially responsible for the collision. A cyclist who failed to obey traffic signals shares liability for the collision.
While cases of cyclists damaging cars are rare, they do happen. Liability for causing an accident can lead to financial consequences.
According to David Shellnutt, managing partner at The Biking Lawyer LLP in Toronto, cases where a cyclist hits a car and is considered at fault are rare. “If I get 1,000 calls a year,” he says, “one is maybe like this.”
Regardless of who is found to be at fault, cyclists have several different avenues to cover expenses related to injuries or damage from a road accident.
Read more: Right-of-way in Canada: road rules explained
How auto insurance can cover a bike injury in Ontario
Many cyclists also hold driver’s licences and, therefore, may have access to auto insurance. In Ontario, all auto insurance policies include Statutory Accident Benefits, which can apply if you’re injured in a crash involving a motor vehicle, whether you’re a driver, passenger, pedestrian, or cyclist.
Importantly, Ontario’s no-fault insurance system means cyclists can still access these accident benefits even if they are found at fault for the collision.
As of July 1, 2026, however, some accident benefits have become optional rather than standard. Core benefits like medical and rehabilitation coverage remain mandatory. But income replacement and caregiver benefits must be selected.
This means coverage can vary more widely between policies. It also means that cyclists may not have access to the same level of benefits unless they have opted in to additional coverage.
Here’s a simplified look at how insurance can apply in different cycling accident scenarios:
Cycling insurance scenarios
| Scenario | Insurance that may apply | What it covers (may vary by policy) |
|---|---|---|
| Cyclist has auto insurance | Their own auto policy (Accident Benefits) | Medical, rehabilitation, and attendant care (always included); other benefits like income replacement, caregiver support, or housekeeping available only if selected under optional coverage. |
| Cyclist hit by a driver | Auto insurance (based on Ontario’s priority rules: typically, cyclist’s own policy first, then a household policy, then driver’s insurer if needed) | Accident benefits regardless of fault (mandatory core benefits apply); optional benefits depend on the cyclist’s or household policy; may also pursue liability claim against at-fault driver for additional damages |
| Cyclist at fault for damage/injury | Home or tenant liability insurance | Liability coverage for damage to property or injury caused to others (subject to policy terms and limits) |
| No insurance available (e.g., hit-and-run or uninsured driver) | Motor Vehicle Accident Claims Fund (Ontario) | Accident benefits and limited compensation as last resort when no other insurance applies |
| Cyclist’s own bike damage | Optional bike insurance or out-of-pocket | Repair or replacement of the bicycle (not covered under standard auto accident benefits) |
Read next: Will July 1 auto insurance reforms in Ontario impact you?
What to do if a driver is uninsured or flees the scene in Ontario
If you are struck on your bike by a driver who flees the scene or has no insurance, you can pursue compensation through the Motor Vehicle Accident Claims Fund.
According to the Government of Ontario, the Fund is specifically for people injured in a car collision “where no automobile insurance exists to respond to your claim".
“They provide accident benefits as any insurance company would,” says Shellnutt. “You can [apply to the Fund] for the John Doe driver in a hit-and-run scenario up to $200,000 maximum.”
That figure includes accident benefits in case of injury, death, and funeral benefits. Compensation also covers personal injury or property damage, but not for vehicles. Anyone applying must have been injured or have property damage of more than $100 due to the collision.
What cyclists should do immediately after a collision
If you're involved in a collision while cycling, your first priority should be to assess any injuries. After that's done, you should write down insurance information and the ID of everyone involved. Take photos of any damage and injuries. Evidence is very important for your insurance claim process.
In addition, experts now stress documenting as much as possible, including:
- Licence plate numbers
- Witness contact information
- Road and traffic conditions
Unfortunately, Shellnutt says he has seen cases where drivers deny any liability and say they don’t have to provide insurance information. That is illegal under Ontario law.
If you’re a cyclist and find yourself in that situation, Shellnut advises you to “get their licence plate, contact a lawyer, and the police".
Keep in mind that cyclists in Ontario aren’t required to carry insurance, but that doesn’t mean they’re unprotected or free from liability. Depending on the circumstances of a crash, coverage can come from auto insurance (their own or a driver’s), home or tenant liability insurance, or, in rare cases, the Motor Vehicle Accident Claims Fund when no insurance is available.
Learn more: How to check your Ontario driving record
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Brennan Doherty, Freelance writer
Brennan Doherty is a Toronto-based writer. His work has appeared in Toronto Star, VICE, the National Post, and elsewhere. Once upon a time, he called Calgary home.
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