Deliberate Collision by Cyclist

Question: What are you suppose to do when you've stopped at a red light when making a right hand turn and a cyclist purposely crashes into your car because you're temporarily blocking the bike lane? He does damage to your expensive car, but he rides away. He looked like you wouldn't want to argue with him for fear of your life.

This incident happened to our adult son while he was turning off from Hollywood Road onto Highway 33 in Kelowna on his way back to work. He was at a loss of what to do at the time, but he made the decision to stay in the car. When he asked us what we would have done, we didn't know.

He was going north and making a right hand turn as well.

View of the Collision Scene

The Cyclist is Liable for Damages

Responsibility rests with the cyclist for this act, regardless of the fact that the car should not have been blocking the designated cycle lane. This is a mischief under the Criminal Code.

The Motor Vehicle Act's hit and run provisions also apply here as deliberately crashing the bicycle into the car is considered to be an accident for the purposes of section 68.

Reporting to the Police

You may choose to report this incident to the police. In the event that the cyclist can be identified, charges could be laid. Even if the charge resulted in a conviction, the courts are not diligent in ordering restitution or following up on orders that are ignored.

Taking Civil Action for Damages

If you chose to take a Civil Resolution Tribunal action against the cyclist you would have to know who he is in order to have documents served on him. The requirements are not as stringent for a finding as they are in criminal court but again there are no guarantees that restitution will be paid.

Using Your Hit & Run Coverage

You may choose to use the collision or hit & run coverage if you have purchased it from an insurer. Unfortunately, you will still have to pay the deductible.

Learn More

• Right Turns Over Cycle Lanes

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