The short answer is yes, legally, you can. But this is the wrong question to ask. A much better question is: Should you ride your motorcycle while you have an active injury claim? The answer to that is far more complicated. If you are wondering if you can still ride during an open motorcycle claim, it suggests you are already thinking about the potential consequences.
Your passion for riding is now at odds with the practical realities of a personal injury claim. An insurance company’s goal is to minimize their payout, and they will scrutinize your every move. Every decision you make will affect the outcome of your case.
Before you get back on your bike, you need to understand what’s at stake. An experienced Alberta motorcycle accident lawyer at MNH Injury Lawyers will help you protect your claim. Call us for a clear assessment of your situation at (888) 664-5298.
Let me know if you’d like additional versions for different regions or practice areas.
GET YOUR FREE CONSULTATION NOW!
Why Would an Insurance Company Care if I Ride My Motorcycle?
An insurance adjuster’s job is to evaluate your claim. When you say you are injured and in pain, but they see evidence of you riding a motorcycle, it creates a contradiction in their eyes. Their role is to find reasons to question the severity and legitimacy of your claim.
The physical demands of riding—balancing, steering, absorbing bumps, reacting quickly—can be used by the insurer to argue that your injuries are not as severe as you claim. This is the core conflict. Your ability to perform these actions sends a message, one that can be easily misinterpreted. This could potentially reduce the compensation you receive for your pain and suffering or lost wages, two major components of a personal injury settlement.
Think of it like a job interview. You would not tell a potential employer you are a dedicated, hard worker and then show up late. Riding your motorcycle sends a message to the insurer, and you need to control what that message is.
Understanding What Your Claim is Actually For
Your motorcycle accident claim is not a single lump sum; it’s made of different parts.
Part 1: Section B “No-Fault” Benefits
Every auto insurance policy in Alberta, including motorcycle policies, includes Section B benefits. You can access these benefits regardless of who was at fault for the accident. In simple terms, they are there to provide immediate support.
These benefits are primarily forctreatments and disability. The medical portion provides coverage for reasonable expenses up to a certain limit. The disability component is where riding can become a serious problem.
If your injuries prevent you from working, you may be eligible for disability benefits. This is typically 80% of your gross weekly earnings, up to a maximum of $600 per week (note there is a 7-day waiting period where you receive no pay). If you are collecting these benefits because you are “wholly and continuously incapacitated from working,” getting on a motorcycle sends a contradictory signal to the insurance company.
Part 2: The Claim Against the At-Fault Driver (The “Tort” Claim)
This is the part of your claim that seeks compensation from the person who caused the accident. It covers losses not paid for by Section B, such as pain and suffering and future loss of income.
One of the most contentious areas in Alberta personal injury law is the Minor Injury Regulation (MIR). This law, part of the Insurance Act, puts a limit on pain and suffering damages for injuries classified as “minor,” such as certain sprains, strains, or some whiplash-associated disorders (WAD). This cap is adjusted annually for inflation. Insurers are skeptical, and will look for any reason to argue your injury falls into this category to limit their payout. We can advise you on the current cap and whether your injury qualifies.
Activities like riding can be used by the insurer to argue your injury fits within this “minor” category, even if you are experiencing significant pain or what you feel is a “serious impairment.” This is especially true for brain injuries, spinal cord injuries, or serious soft tissue injuries that are not always visible on a standard imaging test.
The Hidden World of Insurance Surveillance
It might seem like something from a movie, but you should know that insurance companies in Alberta frequently hire private investigators to watch and record claimants. This is a perfectly legal practice as long as they are observing you in public spaces. These investigators are licensed professionals governed by provincial law.
What are they looking for? The answer is simple: inconsistency.
- Physical Activity: They will film you doing yard work, carrying groceries, playing with your children, or, most relevantly, riding your motorcycle.
- Social Media: They will monitor your public posts on Facebook, Instagram, and other platforms. They search for photos, videos, or even comments that contradict your injury claim. A “check-in” at a distant location or a picture of you on a weekend trip can become evidence against you.
A single photograph or a few minutes of video, presented without context, might devastate your credibility. An investigator’s report showing you on a two-hour ride could be used to argue that your debilitating back injury or chronic pain is exaggerated. They will not show the hours you spent recovering afterwards or the pain medication you had to take.
As we advise our clients, the safest approach is to assume you are being monitored at all times. Honesty and consistency are your strongest assets. What you tell your doctors, what you tell your lawyer, and what you do in public must all align.
How Riding Your Motorcycle Results in Consequences You May Not Realize
Prescription Medications and Criminal Liability
Alberta’s impaired driving laws don’t distinguish between illegal drugs and prescription medications. If you’re taking opioids for your motorcycle accident injuries and get back on your bike, you risk face criminal charges if stopped by police.
The Medication Trap
Your doctor prescribes OxyContin for severe pain. The bottle says “may cause drowsiness.” Six hours after taking it, you feel fine and go for a ride. A police officer stops you for speeding and notices your dilated pupils.
Under Alberta’s Drug-Impaired Driving legislation, you can be charged even if the medication was legally prescribed. The officer doesn’t need to prove you were actually impaired—just that you had drugs in your system that could impair driving ability.
Insurance Implications
A drug-impaired driving charge while on an active injury claim creates multiple problems:
- Your current claim becomes more complex (were you fit to ride?)
- Future insurability becomes an issue
- The original at-fault driver’s insurance can argue contributory negligence
Criminal Code Implications Beyond Impairment
Returning to motorcycling while on an active injury claim can trigger other Criminal Code considerations beyond drug impairment.
Dangerous Driving Charges
If your injuries affect your physical capability—reduced range of motion, slower reaction times, medication side effects—and you cause an accident while riding, prosecutors can charge you with dangerous driving. The Crown would argue you knew or should have known you were unfit to operate a motor vehicle safely.
Insurance Fraud Considerations
Extreme cases where riders deliberately conceal their motorcycle activity while claiming total disability could face fraud charges under the Criminal Code. Alberta’s insurance fraud unit investigates these cases actively.
A Practical Checklist: What to Consider Before You Ride
Before you even think about starting your motorcycle, go through this mental checklist.
- Have you been medically cleared? Has your doctor explicitly approved riding, and is that approval documented in your medical file? A casual, verbal “you should be fine” is not enough. You need clear, written clearance that considers the specific physical demands of motorcycling.
- How does riding align with your reported limitations? If you have told your physiotherapist you cannot sit for more than 20 minutes due to back pain, a 90-minute motorcycle ride directly contradicts that statement. Consistency across all your medical reporting is paramount.
- Are you on any new medications? Are you taking any painkillers or other medications that could even slightly impair your coordination, judgment, or reaction time? This could open you up to partial fault, known as contributory negligence, if another incident occurs. An insurer would argue that you knowingly put yourself and others at risk.
What if you fall or have another accident? Even a minor tip-over in a parking lot could have major repercussions. An insurer could blame the new incident on your original injuries, arguing you were not fit to ride. This complicates your medical picture and your legal claim, potentially jeopardizing compensation for both events.
FAQ for “Can I Still Ride During an Open Motorcycle Claim?”
It helps, but it is not absolute protection. The insurer can still argue the doctor did not have the full picture of your daily limitations or that the physical demands of riding are more strenuous than the doctor understood. The decision must be consistent with all of your medical reporting from all practitioners, including physiotherapists and chiropractors.
It might, but it still presents a risk. An investigator’s video will not show the pain you were in after the ride or that you had to rest for two days to recover. It only shows the activity itself, which can be easily taken out of context by the insurance company to suggest your injuries are less severe than you have stated.
This is a difficult situation that requires careful handling. We would advise documenting this necessity and discussing it with us immediately. We can help frame this for the insurer, but it still carries risk. The insurance company may argue that if your injuries are as severe as claimed, you should be using public transit, ride-sharing, or other less physically demanding options.
Yes, absolutely. Your lawyer must know all the facts to build the strongest possible case for you. Open communication is non-negotiable. If we know you are riding, we can anticipate and prepare for the arguments the insurance company will inevitably make. Surprises are one of the biggest threats to a successful personal injury claim.
It could. If you aggravate your injury by riding, particularly against medical advice, an insurer might argue they are no longer responsible for the cost of treating that aggravation. They could claim you broke the chain of causation by undertaking a risky activity, making you responsible for any new or worsened symptoms.
Protect Your Ride, Protect Your Rights
The love of riding is a powerful thing. We understand that. It is a part of your identity. But during a personal injury claim, your primary focus must be on your health and protecting your right to fair compensation for your losses.
Making a poor decision now can have long-lasting financial consequences, potentially costing you the resources you need to recover fully. The lure of the open road is strong, but the risk of undermining your own claim is stronger.
The complexities of an Alberta motorcycle injury claim—from the rules governing the Standard Automobile Policy to the nuances of the Minor Injury Regulation and the constant risk of surveillance—are what we handle every day. Let an experienced Alberta personal injury lawyer manage the legal strategy so you can focus on your recovery.
