A cyclist seriously injured in a fall after being grazed but not hit by a person driving a motor vehicle may be compensated by the SAAQ.
This is what the Tribunal administratif du Québec (TAQ) recently concluded in a decision that undermines the work of the police officers of the Sûreté du Québec in the Rimouski region.
“When I read the decision, I burst into tears, explains Béatrice Létourneau. I’m 30, but in my head, I’m still 25 because I feel like my life has been on hold for five years. »
On July 17, 2017, Béatrice Létourneau, a seasoned cyclist who rode more than 20,000 km a year, left her parents’ house in the Rimouski region to go to work by bike.
PHOTO PROVIDED BY BÉATRICE LÉTOURNEAU
Béatrice Létourneau after her accident in 2017
A few minutes later, the young woman heard the sound of a vehicle arriving at high speed behind her. Fear gripped her, and the vehicle passed so close that the cyclist felt sucked in. This is where his memories of the accident end.
Béatrice fell and suffered a serious facial fracture, head trauma, in addition to having several broken teeth and two back fractures.
A Good Samaritan passing by said he saw a motorist drive strangely near the impact site, before continuing on his way and leaving the scene. In their event report, the police officers of the Sûreté du Québec did not indicate that a motor vehicle was involved nor sought to question this witness, who was nevertheless on the spot and brought assistance to the victim.
“Refusal after refusal”
During her hospitalization, Béatrice Létourneau could not speak and wrote her requests on a whiteboard. After leaving the hospital, she had to pay out of pocket for the cost of reconstructing her teeth, repairing her nose and repairing her scars, since the Société de l’assurance automobile du Québec (SAAQ) refused her claim for compensation.
“It was refusal after refusal, it was bureaucracy,” she said. It was extremely difficult. The message was that my life didn’t matter. »
These costs amounted to $50,000, an amount she did not have. Therefore, five years after the accident, she has not regained all her teeth.
PHOTO PROVIDED BY BÉATRICE LÉTOURNEAU
Beatrice Letourneau in 2018
The young woman holds a bachelor’s degree in classical music and was considering going to sing in Europe. But his accident put an end to his dream.
“Before, I was a girl who always smiled, a super positive girl. I didn’t go out, I didn’t drink, I trained all the time. Today, I’m afraid to smile. It’s hard to get a job because of my appearance. I take antidepressants to keep my spirits up. It affected every aspect of my life. »
Béatrice Létourneau launched a Gofundme page during the pandemic to get help paying for her medical care.
Through this ordeal, she has never stopped exercising, and is often at the gym as early as 5 a.m. The gym gave him a job.
Lawyer Marc Bellemare, who represented her, notes that the case of Béatrice Létourneau illustrates the fact that the SAAQ does not believe accident victims.
In court, testimonial evidence is as important as documentary evidence. But SAAQ officials don’t care what people report.
Marc Bellemare
The court has also just ruled that it is not necessary to have physical contact between the vehicle and the victim to cause an accident recognized by the SAAQ.
“It’s an important decision, because it broadens the eligibility criteria. I ride a bike, and sometimes it feels like it’s become an extreme sport, so it’s a decision worth knowing. »
The SAAQ said it intended to comply with the decision. “We will not appeal the TAQ’s decision and Madame’s compensation file will be taken care of quickly for the payment of the compensation provided for in the insurance coverage,” said its communications department.
No survey
Béatrice Létourneau notes that inaccurate information written by Sûreté du Québec police officers in their report on the day of the accident angered her and complicated her interactions with the SAAQ.
“The police wrote in their report that I didn’t have a fracture, although I did. They noted that I did not have a helmet, although I had one, and that it was split. They said it was the state of the roadway that made me fall, without ever investigating or even questioning the witness. To me, that’s negligence. »
In this regard, the TAQ criticizes the provincial police for having “too quickly ruled out the involvement of a car in the fall”.
Mme Létourneau does not yet know what the assistance she will be entitled to will look like. Her bank account is dry, she had to go into debt and has just concluded an agreement to sell the bicycle that her parents had bought her after her accident.
“It’s the only thing I cared about,” she said. This bike saved my life, it was almost my only friend after my accident. But it does not matter. I have photos, I have memories. »