If you were walking or cycling when a car struck you, you may assume Ontario’s auto-insurance system will cover the same benefits it always has. As of July 1, 2026, that assumption needs a second look. New rules narrow who can access certain accident benefits, and pedestrians and cyclists are among the people most likely to feel the gap.

This guide explains how an injured pedestrian or cyclist normally claims after being hit by a vehicle, what changed in 2026, and why a claim against the at-fault driver has become more important. It is general information to help you understand your options, not advice about your specific situation.

How pedestrians and cyclists usually claim after being struck

In Ontario, if you are hit by a car while walking or riding a bicycle, you generally have more than one possible source of compensation. Two systems can apply at the same time:

• Statutory accident benefits (no-fault benefits). These are paid regardless of who caused the crash. They can cover things like medical treatment, rehabilitation, and attendant care.
• A tort claim against the at-fault driver. This is a lawsuit for damages such as pain and suffering and, in many cases, income loss, brought against the person who caused the collision.

For accident benefits, there is usually an order to figure out which insurer responds. Generally, an injured pedestrian or cyclist looks first to an auto policy in their own household (for example, their own policy or that of a spouse or family member they live with). If no such policy exists, they may claim through the insurer of the vehicle that struck them. If there is no accessible auto insurance at all, the Motor Vehicle Accident Claims Fund (MVACF), Ontario’s fund of last resort, may be available. The exact order depends on the facts, so this is an area where early advice matters.

What changed on July 1, 2026

Under Ontario Regulation 383/24, the standard auto policy changed so that most statutory accident benefits became optional as of July 1, 2026. A few core benefits stay mandatory and are always included, while a longer list of benefits must now be purchased or opted into in writing.

The change is opt-in, not opt-out. Renewing policies keep the coverage that existed before July 2026 until the consumer agrees in writing to reduce it. The ability to choose optional benefits is available to all consumers from July 1, 2026, regardless of when their policy renews.

Why this matters especially for pedestrians and cyclists

Along with making benefits optional, the reform narrowed who can access those optional benefits. Generally, the optional benefits are available only to the named insured on a policy, their spouse, their dependants, and listed drivers. Because pedestrians and cyclists are, by definition, not driving the car that hit them, some of them fall outside this narrower group.

In practical terms, a pedestrian or cyclist who previously could reach into a striking vehicle’s optional coverage may find that fewer benefits are available now. Someone without their own household auto policy is particularly exposed, because they may have relied on the at-fault vehicle’s insurer for benefits that are no longer automatic and that may not extend to them.

The mandatory benefits (medical, rehabilitation, and attendant care) are still there. The gap tends to appear with benefits like income replacement, caregiver, and housekeeping, which many injured people depend on to get through recovery.

The growing importance of the tort claim

When benefits like income loss are no longer automatic through accident benefits, more of those losses must be pursued through the tort claim against the at-fault driver. Commentators expect this shift to lead to more lawsuits. For an injured pedestrian or cyclist, this means the case against the driver who caused the collision may carry more weight than it did before, because it may be the main route to recovering income loss and other heads of damage that used to be covered by benefits.

Key takeaways

• Medical, rehabilitation, and attendant care benefits remain mandatory after July 1, 2026.
• Many other benefits (including income replacement, caregiver, and housekeeping) are now optional and must be purchased or opted into in writing.
• Optional benefits are generally limited to the named insured, spouse, dependants, and listed drivers, so pedestrians and cyclists may have less access than before.
• Injured pedestrians and cyclists generally look to a household auto policy first, then the striking vehicle’s insurer, then the MVACF.
• With fewer automatic benefits, a tort claim against the at-fault driver may be more central to being made whole.

Practical steps after being struck by a vehicle

1. Get medical care and keep it going. Your health comes first, and consistent medical records also document your injuries.
2. Call the police and get a report. An official record of the collision helps establish what happened and who was involved.
3. Collect information at the scene if you can. This includes the driver’s name, licence plate, and insurance details, plus the names of any witnesses.
4. Take photos. Photograph the scene, the vehicle, your injuries, and any damaged personal items such as a bicycle, helmet, or clothing.
5. Report the accident. Notify the relevant auto insurer promptly. Accident-benefit claims have deadlines to apply.
6. Check your own coverage. Find out whether you or a household member has an auto policy and what optional benefits were selected.
7. Get advice early. Because the 2026 rules changed who can access which benefits, understanding your options sooner rather than later can help.

The 2026 changes can make it harder to tell which benefits apply after a pedestrian or cyclist is hit by a car. If you or a loved one was injured this way, Azimi Law can review your circumstances and explain the options that may be open to you. There is no pressure and no promise of a particular outcome, just clear information about where you stand. You are welcome to reach out to discuss your situation.