
Does Health Insurance Cover ATV Accidents?
A quick scan of recent headlines shows that from Gananoque to Thames Centre, Sharbot Lake, and many others, communities all over Ontario are often forced to deal with the consequences of serious all-terrain vehicle (ATV) accidents. News media coverage is usually reserved for only the most devastating cases, but ATV accidents are a relatively common occurrence.
Hopefully, you and your family will never have to face the consequences of these kinds of situations, but if you do, it’s best to have a clear understanding of your rights and options in the aftermath of an ATV accident. As such, this post will take a tour of the most important questions people have in these situations: Does health insurance cover ATV accidents? Can I sue a negligent party if their actions cause an ATV accident? What about statutory accident benefits? The list goes on and on… In this post, we’ll walk through these critical questions and more, giving you the clarity you need to navigate a challenging situation.
ATV Accidents: Common Causes and Consequences
ATV accidents can happen in the blink of an eye.
One of the most common causes of ATV accidents is rollovers because these vehicles have high ground clearances, which makes them top-heavy. Collisions with stationary objects (trees, fences, or rocks) are another frequent cause of ATV accidents.
Crashes with other vehicles are another possibility. These collisions are especially dangerous for ATV riders due to the disparity in size and protection between ATVs and cars, trucks, or SUVs.
Inexperience is another key factor. Motorists undergo lots of training and a lengthy learning period before they get their full driver’s licences. That is not the case with most ATV riders.
The consequences of ATV accidents range from minor to fatal. In the event of broken bones, internal injuries, or traumatic brain injuries (TBIs), emergency room visits, surgical procedures, and extensive rehabilitation are sometimes necessary—and the personal and financial costs can quickly pile up.
Does Medical Insurance Cover ATV Accidents?
The short answer is: Most of the time but coverage may be limited.
Most health insurance policies in Ontario provide some level of coverage for medical expenses stemming from ATV accidents. However, health insurance generally does not cover everything; there still might be significant out-of-pocket expenses.
There’s an important distinction between health insurance and auto or ATV insurance policy. Health insurance typically focuses on immediate medical treatment, while ATV or auto insurance is designed to provide broader protection. For example, ATV insurance can include coverage for property damage, liability, and accident benefits (such as income replacement benefits or attendant care).
A critical point to keep in mind: If you were injured while riding an uninsured ATV or if you were not following safety requirements, such as wearing a helmet, your health insurance provider may deny your claim. Similarly, if the accident occurred during an illegal activity (e.g., riding on prohibited roads or trespassing on private property), coverage may be limited or excluded altogether.
What Can I Do if My Insurance Provider Rejects My Claim?
A rejected insurance claim can feel like a dead end, but it doesn’t have to be. If your health or ATV insurance provider denies coverage, you have options.
First, review your insurance policy carefully. Insurance policies can be difficult to understand, but the terms and exclusions are key to determining whether your claim was rightfully denied. Pay close attention to the policy’s coverage limits and any requirements for filing a claim, such as reporting deadlines.
Next, consider speaking with an experienced personal injury lawyer. A lawyer can assess whether your insurance provider acted in bad faith or unfairly denied your claim. Insurance companies often dispute claims to minimize payouts, but a strong legal advocate can help level the playing field.
At McNally Gervan, we routinely handle cases involving denied claims and disputes with insurance companies. Our team can guide you through the appeals process.
Can I File a Personal Injury Claim Against Someone for an ATV Accident?
In many ATV accident cases, there’s more at play than just health insurance coverage. If someone else’s negligence caused or contributed to the accident, you may be able to file a personal injury claim against them.
Negligence could take many forms, such as:
- A property owner failing to address hazardous conditions on their land.
- Another ATV rider or motor vehicle driver acting recklessly.
- A manufacturer producing a defective ATV or safety gear.
To file a personal injury claim, you’ll need to prove that the negligent party owed you a duty of care, breached that duty, and caused your injuries as a result.
Through a personal injury claim, you may be entitled to compensation for:
- Medical expenses: Costs not covered by health insurance or accident benefits.
- Lost wages: If your injuries prevent you from working.
- Pain and suffering: For the physical and emotional toll of the accident.
- Future care costs: If long-term treatment or rehabilitation is required.
If You’ve Been in a Serious ATV Accident, Contact a Personal Injury Lawyer
Whether you’re struggling with mounting medical bills, a denied insurance claim, or determining liability, a personal injury lawyer can provide the guidance you need.
An experienced lawyer can help you:
- Evaluate your case and determine whether you’re eligible to seek compensation through a personal injury lawsuit.
- Negotiate with insurance providers to maximize your benefits.
- Build a strong claim against a negligent party.
- Navigate the complex legal and insurance systems with confidence.
At McNally Gervan, we’ve helped many individuals and families secure compensation—and we’re here to help you too.
Trust McNally Gervan Personal Injury Lawyers
If you or a loved one has been injured in an ATV accident, our experienced team can help you with personal injury claims, insurance disputes, and accident benefit claims–we’re committed to providing compassionate, professional support.
We offer a free consultation to discuss your case and explore your options. Don’t wait—contact the Ottawa personal injury lawyers at McNally Gervan today to get started.
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