Motorcycle Accident Lawyer ยท Personal Injury
Motorcycle accident lawyer in Toronto, serving riders across Ontario.
You did everything right. The driver still didn't see you. James Moon is a former insurance-defence lawyer who now stands on the rider's side. Bilingual Korean and English.
Questions โ
Why riders call a motorcycle accident lawyer
Most serious motorcycle crashes in Ontario are not caused by the rider. They are caused by a driver who turned left across a lane, drifted out of one, or never looked. The rider pays the price in broken bones, head injuries, and months off work.
2024 was Ontario's deadliest year for motorcyclists in two decades, with 57 OPP-reported deaths. Riders are vulnerable road users. Insurers know it, and many still reach for the same playbook: blame the rider, downgrade the injury, cap the claim.
James Moon worked on that side of the file before. He defended insurance companies in downtown Toronto before opening this practice for injured people. He knows the arguments insurers use against riders, because he used to make them.
Questions
Common questions, answered.
General information, not legal advice. Contact James to find out what applies to your situation.
How long do I have to make a claim after a motorcycle accident in Ontario?
You generally have two years from the accident date to sue the at-fault driver under the Limitations Act, 2002. The accident benefits side moves faster. Notify your own insurer within 7 days, return the completed OCF-1 within 30 days, and dispute any benefit denial at the Licence Appeal Tribunal within two years of the refusal. Call early so no deadline slips.
Can I still recover if I wasn't wearing a helmet?
Often, yes. Not wearing a helmet does not automatically end your claim. Recent Ontario decisions require the insurer to prove with expert evidence that the missing helmet actually made your specific injuries worse before a court will reduce your award. We push back hard on blanket helmet-blame arguments.
What if the crash was partly my fault?
You can still recover. Ontario uses contributory negligence under the Negligence Act, which reduces your compensation by your share of fault rather than barring it. If you are found 20 percent responsible, you still recover 80 percent. We work to keep your share of fault as low as the facts allow.
What does catastrophic impairment mean and why does it matter?
Catastrophic impairment is the most serious SABS category. It raises your combined medical, rehab, and attendant care limit to $1 million, compared with $65,000 for non-catastrophic injuries. Qualifying can require 55 percent or greater whole-person impairment on the AMA Guides. Riders are over-represented in this category, so proving the right classification can change your recovery dramatically.
What changes on July 1, 2026, and how does it affect riders?
From July 1, 2026, only medical, rehabilitation, and attendant care benefits stay mandatory. Income replacement, non-earner, caregiver, and death and funeral benefits become optional add-ons that a rider has to buy. Riders are highly exposed, so the coverage choice matters. We apply the version of the rules that was in force on your accident date.
What if the driver who hit me had no insurance or fled the scene?
You may still be covered. Ontario drivers carry uninsured automobile coverage, and many have an OPCF 44R endorsement that responds when the at-fault driver is uninsured, underinsured, or unidentified. These claims have short notice deadlines, so report it to your own insurer right away and let us confirm your coverage.
Talk to James.
Tell us what happened, in English or Korean, and we will get back to you shortly.
Call 647 702 9838