You have been hit by a bicycle and have suffered injuries as a result, such as pain, broken bones or injuries. This can lead to additional costs and loss of income. As a cyclist, you are almost always entitled to compensation in the event of a collision with a motor vehicle.
What to do after a bicycle accident?
After a bicycle accident, it is important to take the right steps to receive compensation for your damages. Follow these steps:- Go for medical help: Get checked by your GP or at the emergency room as soon as possible.
- Hold the other party liable: This is essential to get compensation for your damage.
- Get legal help: A personal injury lawyer can ensure that you receive maximum compensation and everything is handled correctly.
Who is liable for defective roads?
Sometimes a bicycle accident is not caused by another road user, but by the condition of the road itself. Consider, for example, a loose paving stone, a sudden hole in the asphalt, or an unexpected obstacle on the cycle path. In such cases you can usually hold the road authority – often the municipality, province or water board – liable for your damage. It is important to collect evidence directly. Take photos of the defect and carefully note its location. If possible, look for witnesses who can support your story. With this information it is easier to hold the right party liable and recover your damages.Compensation after bicycle accident
As a cyclist you are considered a vulnerable road user. This means that in most cases you are entitled to compensation in the event of a collision with a motor vehicle, even if you were (partly) to blame for the accident. In addition to traditional cyclists, this protection also applies to fat bikers and e-bikers. You can claim compensation for various costs, such as the repair of your bicycle, medical costs and damages. Whether it concerns material damage to your bicycle, additional medical treatment or compensation for pain and suffering: these items all fall under personal injury compensation. The legislature has determined that drivers of motor vehicles must always be careful around cyclists. Even if you make a mistake as a cyclist, you are entitled to at least 50% of the compensation. This percentage can be up to 100%, depending on the situation.Percentage of damages to be compensated:
- Car driver guilty: 100% compensation for the cyclist
- Cyclist guilty: minimum 50% to maximum 100% compensation
- Both at fault: minimum 50% to maximum 100% compensation
Cyclist hit by a scooter or moped
If you are hit by a scooter or moped, the same protection applies as in the event of a collision with a car. Here too, the scooter rider or moped rider is usually liable, unless there is force majeure. The law offers cyclists extra protection if weak road users.Percentage of damages to be compensated:
- Scooter rider guilty: 100% compensation for the cyclist
- Cyclist guilty: minimum 50% to maximum 100% compensation
- Both at fault: minimum 50% to maximum 100% compensation
Cyclist hit by another cyclist
The situation is different in the case of a collision between two cyclists. The guilty party must be determined, for example by completing a claim form or through witness statements. If the other cyclist admits liability, the damage can be recovered from his liability insurance.Cyclist hit by a bus, motorcycle or other motorized vehicle
In the event of a collision with a motorized vehicle, such as a bus or motorcycle, the cyclist also enjoys additional legal protection. The driver of the motorized vehicle must be careful in traffic and pay extra attention to cyclists.Perpetrator unknown or continued driving?
If the perpetrator is driving through and has remained unknown, you may be able to appeal to the Motor Traffic Guarantee Fund. This fund compensates damage if the responsible driver cannot be traced. The Guarantee Fund also offers a solution in the event of damage caused by an unknown or uninsured motor vehicle. If the perpetrator is not known, or if it turns out that the vehicle was not insured, you can still apply for compensation through this fund. Please keep in mind that you must actively try to identify the perpetrator yourself, for example by reporting the crime to the police and looking for witnesses. In addition, keep as much evidence of the accident as possible, such as photos, claim forms and medical documents. This increases the chance that your claim will be honored.Complete compensation for cyclists
In the event of a collision, you are entitled to compensation for all damage you have suffered. This can consist of:- Travel expenses
- Repair costs for your bicycle
- Costs for new clothing
- Medical costs, including deductible
- Loss of income due to disability
- Costs for domestic help
- Costs for help with maintaining your home and garden
- Penalties
- Compensation for missed pension accrual