PEI Bicycle Accident Lawyers

Prince Edward Island’s Confederation Trail and its shoulderless rural roads put cyclists next to traffic every day. A cyclist struck by a car has the same claim a passenger in that car would have. A PEI bicycle accident lawyer collects Section B from the driver’s insurer at once and sues the driver in the Supreme Court within two years.

The Statute of Limitations Gives Two Years From the Collision

Section 2(1)(d) of the Statute of Limitations, RSPEI 1988, c S-7 gives two years for an action for personal injury caused by negligence. Unlike New Brunswick and Nova Scotia, PEI’s statute has no general discoverability rule written into it and no fifteen-year ultimate period. The courts apply the common law discoverability rule where a claim could not reasonably have been known, and that is an argument rather than a right, so the two years are counted from the collision. A child’s period is postponed until adulthood. Treat the second anniversary of the crash as the deadline.

The Driver’s Insurer Pays a Cyclist’s Section B Benefits

The Insurance Act, RSPEI 1988, c I-4 extends Section B accident benefits to a person struck by an insured vehicle. The vehicle’s insurer pays them regardless of fault. They cover medical and rehabilitation costs, weekly income replacement and funeral benefits. If the driver fled, your own household auto policy responds, and after that the uninsured motorist coverage or the Facility Association. The tort claim against the driver falls under the Island’s minor injury cap in the Minor Injury Regulations only if the injury is a sprain, strain or whiplash-type injury that resolves. Fractures, head injuries and lasting impairment are outside it.

A PEI Bicycle Accident Lawyer Answers the Fault Arguments with the Police Report and Cameras

Every driver’s insurer argues that the cyclist was in the wrong. No helmet. No lights at dusk. Riding two abreast. Using the trail crossing without stopping. PEI’s Highway Traffic Act gives a cyclist the rights and duties of a driver and requires a helmet. A helmet that would not have prevented the injury you are claiming has nothing to do with that injury. The police report, any dashcam or trail camera, and the damage to the vehicle settle most of these arguments before trial.

The Claim Is Filed in the Supreme Court of Prince Edward Island in Charlottetown or Summerside

The claim is filed in the Supreme Court in Charlottetown or Summerside. The steps are a statement of claim, document exchange, discovery examinations, a pre-trial or settlement conference, and a trial date if the offers stay below the claim. Health PEI recovers the cost of your treatment inside the action. WCB PEI covers a cyclist who was working, and the claim against the driver continues.

The Charlottetown office runs Island cycling claims. Aodhan Murphy leads the PEI practice.

The Driver’s Insurer Says I Have No Coverage Because I Have No Car.

Wrong. Section B follows the vehicle that struck you. A cyclist claims on the driver’s policy, and the adjuster knows it.

Does the Cap Apply to Road Rash and a Broken Collarbone?

No. The cap is confined to minor injuries as the regulations define them. A fracture is outside it. So is a soft-tissue injury that does not resolve.

My Bike Is Worth $4,000. Who Pays?

The driver’s insurer, as property damage, usually early and separately. Photograph the bike before anyone touches it.

Should I Give the Adjuster a Recorded Statement?

Not before speaking to a lawyer. Insurers use early statements to argue the injuries were minor and the cyclist careless.

Read the firm’s bicycle accident guide and PEI settlement deductions. Results appear on the results page. Other claim types are under injury law areas.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The Charlottetown office opens the file. Contact the firm, or read what the firm can do.