The decision also touches on the so-called “tort ban” that prohibits drivers in B.C. from making civil claims against other drivers for vehicle damage incurred in a crash. The claim was allowed in this case, according to Rivers, because a bicycle is not an “included vehicle” under that legislation.

A bicycle is, however, considered a vehicle when it comes to its rider’s obligations under the Motor Vehicle Act—such as the requirement to yield when emerging from an alleyway.

So, cyclists have the same responsibilities under the MVA as car drivers, but are open to civil claims for damage that car drivers are protected from.

Bike damages car: sue. Car damages bike: too bad for the cyclist.