Even if a bicycle accident has a minor outcome and only property damage or minor injuries have occurred, it is good to know what to do now. Drivers and cyclists must bear this in mind.
- In the case of minor property damage and clear culpability, it can also be done without the police
- Have the papers shown and inform the insurance company
- In the case of personal injury, an attorney should be contacted for settlement
In the event of accidents involving cyclists, drivers must pay for part of the damage caused, even if they are not at fault. The reason is the so-called operating hazard of the motor vehicle. This means that simply operating a car poses a risk to other road users. This leads to a so-called strict liability of one quarter to one third. This only changes if the cyclist has made a serious mistake.
In order for the cyclist to be liable, his fault, such as gross disregard of traffic rules, must be proven. For example, if he drove through a red traffic light , this leads to a corresponding distribution of liability.
Behavior immediately after the accident
Secure the scene of the accident and help the injured .
In the event of personal injury or a dispute about the course of the accident, call the police .
Take photos of the vehicles involved (license plates) and the damage caused for evidence purposes .
If the damage is minor, clear the scene of the accident immediately .
Record the names, addresses and telephone numbers of any witnesses.
Complete an accident report together with the other party in the accident , in which the essential data is recorded, such as the name and address of those involved in the accident, license plate number and liability insurance data for the vehicle involved, as well as data for the private liability insurance of the cyclist, if available.
Liability (motor vehicle liability insurance for drivers and personal liability insurance for cyclists, if available) and the statutory accident insurance in the event of a commuting accident.
Cyclists can assert these claims
A flat rate fee of around 27 to 35 Dollar for general costs in connection with the accident.
Repair costs : With high-quality bicycles, it makes sense to have the extent of the damage appraised by a specialist shop. If the repair costs more than the value of the bike, only the lower replacement value will be reimbursed.
130% jurisdiction also applies to bicycles : exceptionally, the higher repair costs are reimbursed if they do not exceed the value of the bicycle by more than 30 percent and the bicycle is fully repaired.
Compensation for loss of use : Even with a bicycle, its constant usability - similar to that of a motor vehicle - can represent a certain asset. If you have to do without it while your bike is being repaired, you can basically have damage.
However, the prerequisite is that you have the will and the opportunity to use it and that the bicycle is also used for economic purposes, ie not just for leisure purposes. This would be the case, for example, if you constantly cycle to work.
The amount of loss of use for a bike can be estimated based on the cost of a comparable rental bike.Claims for pain and suffering , claims for reimbursement of household management damage, etc.: In the case of so-called personal injury, the attorney recommends the involvement of a lawyer, because pain and suffering and similar claims are otherwise often difficult to enforce.
Where can the cyclist claim?
The injured cyclist can assert his claims directly with the opposing vehicle liability insurance company. If this is not known, perhaps because no accident report was filled out, it can be researched using the vehicle registration number via the car insurer's central call.
Read Also:
- 7 things you need to know about a personal injury lawsuit
- What to do after an car accident that is not your fault
- How to Build a Strong Case for a Personal Injury Attorney
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