Is an ATV Accident Considered a Motor Vehicle Accident?

According to Ontario’s Road Safety Annual Report from 2021, dozens of people are killed, and hundreds more injured, in off-road vehicle collisions every year. Rising off-road vehicle ownership suggests that the number of accidents and fatalities will only increase in the future. In 2017, there were 485,596 off-road vehicles registered in Ontario, which increased steadily every year to reach 592,789 in 2021. 

The uncertainty that follows all-terrain vehicle (ATV) accidents where someone was injured or killed naturally brings about a number of questions: Is an ATV accident considered a motor vehicle accident? Can I claim accident benefits if I was injured in an ATV accident? What happens if the ATV accident occurred on private property? Are ATV accidents treated differently from car accidents when it comes to insurance claims?

In this blog, we’ll cover what defines an ATV accident, the legal framework in Ontario, how accident benefits apply, and the steps to take if you’re considering a personal injury claim to help provide you with a clear understanding of all your rights and options in the aftermath of an ATV accident.

 

What Counts as an ATV Accident?

All-terrain vehicles (ATVs) blur the lines between transportation, sport, and recreation. Designed for off-road use they include vehicles like quads (four-wheelers) and UTVs (utility terrain vehicles), which are slightly larger and often used for utility purposes.

Common ATV accidents occur in a variety of scenarios, such as:

• Rollovers: ATVs are prone to tipping over, especially on uneven terrain or during sharp turns.
• Collisions with stationary objects: Trees, fences, or other obstacles can pose off-road riding risks.
• Crashes involving other vehicles: These accidents can occur when an ATV is driven near roadways or other vehicles, such as cars or trucks.
• Incidents involving passengers: Many ATVs are not designed for multiple riders, which increases the likelihood of injury if passengers are involved.

The nature of ATV riding—often on rugged or unfamiliar terrain—means that injuries can be severe, ranging from broken bones and traumatic brain injuries (TBIs) to catastrophic injuries, or even fatalities.

 

Legal Framework in Ontario

The use of ATVs in Ontario–including requirements for helmets, insurance, and licensing–is governed by the Off-Road Vehicles Act (ORVA) and the Highway Traffic Act (HTA). 

The ORVA mandates that ATVs must be insured if they are operated on public property. The Compulsory Automobile Insurance Act (CAIA) requires owners of off-road vehicles to carry insurance coverage to protect against liability for injuries or damages.

If you’re unsure whether your ATV or the accident circumstances fall under these regulations, consulting a personal injury lawyer can help clarify your situation.

 

Is an ATV Accident Considered a Motor Vehicle Accident?

Yes, an ATV accident can be considered a motor vehicle accident under Ontario law—but it depends on where the accident occurred and whether the ATV was insured under a motor vehicle liability policy.

For example, if the ATV was being operated on a public road or other location where motor vehicle laws apply, it is more likely to be treated as a motor vehicle accident. Similarly, if the ATV was insured under a standard automobile insurance policy, the accident may qualify under the definition of a motor vehicle accident. However, if the accident occurred on private property and the ATV was uninsured, it may not meet the legal criteria.

The Ontario Court of Appeal has addressed this question in multiple cases, and the specific circumstances of the accident often determine how the law is applied. In short, whether an ATV accident qualifies as a motor vehicle accident is not automatic—it requires careful analysis of the facts and the relevant laws. If you’re unsure how your accident fits into this legal framework, consulting with a personal injury lawyer can help clarify your options.

 

Claiming Accident Benefits 

If you’ve been injured in an ATV accident, you may be entitled to statutory accident benefits. These benefits are available under Ontario’s Insurance Act and can cover Medical and rehabilitation costs, income replacement benefits, and attendant care benefits. However, for these benefits to apply, the ATV must meet the definition of an “insured vehicle” under your policy or the policy of the at-fault driver or owner. Navigating the claims process can be overwhelming, especially when dealing with insurance companies that may dispute coverage. 

 

ATV Accidents and Personal Injury Claims

If another party’s negligence caused your accident, you may have grounds to pursue a personal injury claim. This claim allows you to seek compensation beyond what is provided by accident benefits, including pain and suffering, additional medical costs, and future income loss. 

In Ontario, most ATV accidents occur on private property or in remote areas, which can complicate liability.

At McNally Gervan, our experienced team knows how to navigate the complexities of ATV injury claims, from gathering evidence to negotiating with insurance companies or representing you in court.

 

Trust McNally Gervan Personal Injury Lawyers for Guidance

If you need help with motor vehicle claims, whether due to an ATV accident, car accident, or motorcycle accident, don’t hesitate to reach out. The sooner you can start the process, the better. 

We understand the complexities of ATV accident claims, including the challenges posed by insurance policies, coverage disputes, and determining liability. 

Our experienced team offers a free consultation to discuss your case. We’ve walked this road before. We can help guide you through it. Contact us today.