Hit by a Car While Walking or Cycling? What Ontario's New Insurance Rules Mean for You

October 02, 2026, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Walking and cycling are everyday activities for thousands of Ontarians.

But when a pedestrian or cyclist is struck by a vehicle, the consequences can be devastating.

There is another issue that deserves attention in 2026: Ontario's changes to accident benefits may affect which benefits are available to an injured pedestrian or cyclist.

The changes took effect July 1, 2026. And things got more complicated for the person who is injured.

Medical, rehabilitation and attendant care benefits remain mandatory. However, other accident benefits—including income replacement benefits—are now optional under Ontario automobile insurance policies. (FSRA)

Are pedestrians and cyclists still entitled to accident benefits?

Yes.

The 2026 changes did not eliminate accident benefits for pedestrians or cyclists.

However, the type of coverage available can depend on the applicable insurance policy and the relationship of the injured person to that policy.

This distinction is important.

What benefits remain mandatory?

Medical, rehabilitation and attendant care benefits remain mandatory under Ontario's new system. These benefits can be extremely important after a serious pedestrian or cycling collision.

An injured person may require:

• Physiotherapy
• Occupational therapy
• Psychological treatment
• Medical assessments
• Rehabilitation equipment
• Assistance with personal care
• Other accident-related treatment and support

The precise benefits available will depend on the circumstances and the applicable rules.

What about income replacement?

This is where the 2026 changes become particularly significant.

Income replacement benefits are now optional.

The Insurance Bureau of Canada notes that optional benefits generally apply to the named insured, their spouse, dependants and specified drivers under the applicable policy.

This means an uninsured pedestrian or cyclist should not assume that every accident benefit previously available under Ontario's system remains automatically available.

That can be particularly important for someone who is employed and suddenly unable to work following a collision.

What if the pedestrian or cyclist has their own auto insurance?

The answer can be different depending on the individual's circumstances and the policies that apply.

For example, someone who owns a vehicle and is a named insured under an automobile policy may have access to optional benefits purchased under that policy.

A pedestrian or cyclist who does not have their own automobile insurance may have a different situation.

The correct answer requires looking at the applicable insurance policies and the circumstances of the accident.

What about the driver who caused the collision?

Accident benefits are only one part of the legal picture.

If a driver was negligent and caused the collision, an injured pedestrian or cyclist may also have a personal injury claim against the at-fault driver.

That claim is separate from accident benefits.

Depending on the circumstances, a personal injury lawsuit may seek compensation for losses such as:

• Pain and suffering
• Income loss
• Future income loss
• Future care costs
• Medical expenses
• Other accident-related losses

The availability and value of a claim depend on the specific facts.

Why pedestrians and cyclists should document everything

Following a serious collision, evidence can disappear quickly.

If you are physically able, photographs of the scene, vehicle damage, road conditions, signage and injuries may be useful.

Witness information can also be important.

Medical records are particularly significant because they document the nature and progression of injuries.

And if your injuries affect your employment, keep records of missed work, reduced hours and changes in your ability to perform your job.

The importance of getting legal advice

Pedestrian and cycling collisions can involve several overlapping legal and insurance issues.

There may be accident benefits.

There may be a claim against the driver.

There may be questions about insurance coverage.

And there may be significant future consequences if the injury affects a person's ability to work or live independently.

That is why it is important not to assume that the first insurance decision you receive tells the whole story.

Know your rights after a pedestrian or cycling collision

Ontario's July 2026 accident-benefit changes make understanding insurance coverage more important than ever.

If you have been struck by a vehicle while walking or cycling, do not assume that your lack of an automobile insurance policy means you have no rights or that every benefit is automatically available.

The circumstances of the collision, the applicable insurance policies and the nature of your injuries all matter.

Deutschmann de Koning Law represents injured pedestrians, cyclists and other accident victims throughout Kitchener-Waterloo, Cambridge and Southwestern Ontario.

This article provides general information and is not legal advice. Insurance coverage and legal rights depend on the circumstances of each collision.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.