Bicycle accident maximum compensation

Liane FoeLawyer

Have you been in a bicycle accident and entitled to personal injury compensation?

Have you been in a bicycle accident and want to know if you are entitled to compensation? Personal injury includes both physical and mental damages that you may suffer in an accident, such as a bicycle accident.

These can range from physical injuries such as broken bones, bruises and concussions, to emotional damages such as anxiety disorders or depression. It is essential to report personal injury quickly to the other party or insurer.

Doing so promptly will increase your chances of receiving maximum compensation for the personal injury you suffered. Contact an experienced personal injury attorney to help you recover your personal injury damages and ensure that your right to compensation is maximized.

Hit as a pedestrian or cyclist, you are a personal injury victim. But who pays your damages?

You have been in a bicycle accident or have been hit as a pedestrian. If you have been hit by a car, scooter or other motorized vehicle on a bicycle or as a pedestrian, you are almost always entitled to compensation for your personal injury. This is regulated by law.

The reason that as a pedestrian or cyclist in a bicycle accident you are always entitled to compensation if you have been hit by a motorized vehicle is because the law views cyclists and pedestrians as “weak road users.”

The right to compensation in a bicycle accident is found in the Road Traffic Act 1994. After all, you are much more vulnerable in a bicycle accident than when you are in a car.

Are you involved in a bicycle accident?

If you, as a cyclist, have been involved in a bicycle accident and have been injured in the process, you will obviously want to recover your personal injury damages from the liable party. At Letselschade Advocaat Amsterdam we are happy to help you with this.

In a traffic accident between a cyclist and a car, injuries often occur

These can be minor injuries such as scrapes and bruises, as well as serious injuries such as fractures, brain injuries or even a spinal cord injury. The damages suffered as a result of these injuries are called personal injury. This can include costs such as medical expenses, as well as damages such as income loss and pension loss. And if you have been injured in a bicycle accident you are also always entitled to damages.

Claiming personal injury after a bicycle accident is not easy. That is why the law states that you are entitled to free legal assistance from a personal injury lawyer or personal injury attorney. Therefore, we can always assist you free of charge. At Letselschade Advocaat Amsterdam, we are happy to help you in a bicycle accident. We hold the other party liable, arrange an advance on your personal injury for you and calculate your personal injury damages. We will then recover your personal injury quickly and maximally from the other party or their insurer. We help you in the personal injury calculation to make sure that all damages are carefully assessed.

A bicycle accident, the operation of section 185 wvw

The general rule is that whoever is at fault in a collision must pay the damages. If a cyclist has been hit by a car or other motor vehicle, a different rule applies. Cyclists (and pedestrians) are considered vulnerable road users by law, the Road Traffic Act. In a bicycle accident with a car, the risk of serious injury is also higher than in a car collision. Therefore, special regulations apply.

Under this regulation, if you are a cyclist in an accident between a bicycle and a car, you will always receive personal injury compensation, even if the cyclist is at fault in traffic. This regulation can be found in article 185 wvw and entails the following:

• Motor vehicle causes accident between bicycle and car: 100% of personal injury damages are compensated

• cyclist is at fault in traffic accident between car and bicycle: motorist is at least 50% liable for personal injury.

• bicycle accident between car and bicycle where cyclist is child up to 14 years: compensation for personal injury is always 100%

Therefore, under section 185 wvw, you can always successfully file a personal injury claim. What is important here is that if a cyclist is at fault, at least 50% of the damages will be compensated. Compensation for personal injury damages can go up to 100% based on the equity adjustment.

The fairness correction of Article 6:101 BW

Thus, based on the equity adjustment, your compensation may even reach 100% of the total damages. But how does this equity adjustment actually work?

First and foremost, the fairness correction only applies if a cyclist in the bicycle accident made a traffic error himself. For instance because you did not give way or because you drove through a red light. Based on article 185 wvw, then in principle 50% of the damage remains with the cyclist.

However, the main rule that part of the personal injury remains with the cyclist is not always fair. After all, serious injuries often occur precisely because of the speed and force of the motorized vehicle involved in the bicycle accident. Therefore, the automobile insurer’s compensation obligation is increased under special circumstances. These include:

• serious injury

• permanent injury

• The degree of culpability in the parties’ accident.

Therefore, if there are serious injuries on your side as a cyclist, it is not reasonable to leave part of the damages with the personal injury victim. There is then a good chance that based on the equity adjustment, the judge will determine that the full personal injury compensation will have to be paid.

Have you been hit as a cyclist in a bicycle accident with a motor vehicle or want to know if you qualify for the application of the equity adjustment? Our personal injury lawyers are happy to help you and always 100% free of charge with personal injury claims after a bicycle accident.

Children up to 14 years of age and compensation

Young children do not always observe the required caution. To provide additional protection for children up to 14 years of age, the law states that this group of children are always entitled to compensation for all damages suffered by them as a result of a traffic accident. There is an exception, but it never actually applies. Thus, children up to 14 years of age are compensated for all damages if they are injured in an accident.

For the full settlement in traffic accidents involving pedestrians and bicyclists, check out the Railroad Code section 185 wvw or contact your personal injury lawyer at our firm. We are happy to help you and always 100% free of charge. Call for a free consultation with a personal injury lawyer +3120 737 1447 or click on the link below and we will contact you directly.

Hit as a cyclist? Fill out a claim form!

It is often thought that filling out a claim form is only necessary in a car collision. However, filling out a claim form is also important in a bicycle accident. Because filling out a claim form after a bicycle accident establishes the facts of the collision. This is important if you want to successfully claim compensation. Because the burden of proof of guilt is on the traffic victim and therefore on you!

If you fill out a claim form after a bicycle accident, you can claim compensation in all cases, the question of fault is only relevant to the amount of your compensation. You can read how this is possible in this blog. Did you know that you can use the help of a personal injury lawyer free of charge? We will gladly help you!

For free help from a personal injury lawyer after a bicycle accident, call +3120 737 1447 or click the button below and we will contact you immediately.

Why fill out a bicycle accident claim form?

A claim form is often filled out for the insurance company in a car accident. This is because filling out the claim form clarifies who is at fault in a collision. However, a claim form is also important for a personal injury claim. Because the guilty party is not only liable for compensating material (car) damage, but also for personal injury. In addition, a completed and signed claim form is an evidentiary document. This means that for the law, the contents of the damage-collision form are fixed.

Thus, if you fill out a bicycle accident claim form and both parties sign it, then the circumstances of the bicycle accident are established between the parties! You can then easily claim your personal injury. Have you been hit by a car or scooter as a cyclist? All motor vehicles in the Netherlands are subject to compulsory liability insurance. This means that you can submit the bike accident claim form directly to the liability insurance company. This insurer will arrange your personal injury compensation directly with your advocate.

What should you fill out on a claim form in a bicycle accident?

If you fill out a claim form after a bicycle accident, you’ll notice that there are many different questions asked. Of particular importance is that in the situation sketch, you draw the circumstances of an accident. Do this as precisely as possible and put arrows to indicate the direction of travel. Also draw any traffic signs and road signs on the act, such as shark teeth indicating the right of way.

On the claim form, you can also put crosses indicating the cause, such as rear-end collision (rear-end or chain collision) or collision due to failure to yield the right of way. Be sure to indicate the correct choices, which may include several.

Personal injury recovery in traffic accident bicyclist

Personal injury recovery is not easy. And personal injury is very personal. That’s why there are dozens of damages that can be part of a personal injury compensation. We list the 10 most important damages in personal injury:

1. Income loss due to disability

2. Medical expenses

3. Travel costs

4. Household assistance

5. Care and nursing costs

6. Maintenance costs of house and garden

7. Repair costs

8. Study delay

9. Pension damage

10. damages

Right to damages after bicycle accident

If you have been hit as a cyclist, this also brings about consequences that cannot be valued in monetary terms. Compensation for this is called damages. The amount of the damages depends on several factors, such as the severity of the injury and the duration of the complaints and limitations. To provide insight into the amount of damages, below are some examples of damages after a bicycle accident. Please note, these are only situation sketches from which no rights can be derived.

Bicycle accident | pelvic fracture and broken thumb | €15,532.00 damages

A cyclist crashed hard on a gentle curve on a recreational bike path through the woods as a result of bumps on the road (caused by roots). The man sustained a double pelvic fracture and a broken thumb as a result of the cycling accident. He held the municipality liable and liability for the consequences of the bicycle accident was acknowledged. A compensation for damages of €15,532.00 was awarded.

Collision with bicycle | arm injury and hand injury | compensation for damages of €3,446.00

A woman was biking next to her husband on a bike path where there was just room for 2 bicyclists side by side. A third person riding behind the couple wanted to overtake and the woman. As a result of the collision bicycle to bicycle, all three cyclists fell to the ground resulting in injuries. The woman suffered head trauma and a broken arm in the bicycle accident. She was briefly hospitalized with relatively short follow-up treatment. The court held that both parties contributed equally to the accident. The court is of the opinion that the overtaking was irresponsible, but continuing to cycle side by side and thereby not providing sufficient space for oncoming or overtaking cyclists means that 50% of the woman’s damages should remain for her own account.

Free legal aid personal injury lawyer

Have you been injured as a pedestrian or cyclist in a traffic accident? Then you are entitled to a free personal injury lawyer. We recover our costs from the insurer of the liable person. So you pay nothing for our legal assistance. Therefore, call +3120 737 1447 or email us to have us recover your personal injury.

Have you been hit by a bicycle or car and suffered personal injury? At Letselschade Advocaat Amsterdam we are happy to help you. Our personal injury lawyers work throughout the Netherlands and are always near you. An initial consultation will take place at your home if desired.

Mandatory liability insurance bike accident

If the bicycle accident involves a car, for example because you are a cyclist hit by a car, the car is always (partly) to blame. Incidentally, this also applies in a collision between a bicycle and another motor vehicle.

That a motor vehicle is always at fault in a collision with a cyclist stems from the law and can be found in article 185 wvw. This states that a motor vehicle must always pay (part of) the damages of a non-motorized person. Therefore, not only in a bicycle accident, but also when a pedestrian is hit, there is a right to personal injury compensation.

If you have been hit by a car, scooter or other motor vehicle, the personal injury claim can be filed directly with the insurer of the motor vehicle. This is because there is mandatory liability insurance for a bicycle accident if a car is involved. This mandatory insurance was introduced under the WAM, the Motor Vehicle Liability Insurance Act.

Liability insurance collision bicycle with bicycle

In a collision between cyclists, there is no mandatory liability insurance that can be claimed in a bicycle accident. There is no bicycle insurance that covers liability in a collision between bicyclists. But then, can you never claim your personal injury from a personal injury insurer?

Fortunately, most people in the Netherlands are insured against liability under an AVP insurance policy. This is a WA insurance for individuals. Under this insurance, you can hold the cyclist who hit you liable. Thus, even though there is no bicycle insurance for liability in a bicycle accident, you can still claim personal injury compensation

What to do after a bicycle accident?

After a bicycle accident, it is important to take the right steps immediately to recover your personal injury. First, contact an experienced personal injury attorney who can guide you through the process. Make sure you fill out a claim form to document the circumstances of the accident. Try to find witnesses to the bicycle accident and record their contact information. Take photos of the accident scene and keep all documents and evidence relevant to your case. Do not be intimidated by the other party or the insurance company; your personal injury lawyer is ready to help you claim your personal injury compensation.

Hit on bicycle by scooter or moped

When you are hit by a scooter or moped on your bicycle, the moped rider is almost always liable, unless there is force majeure. Cyclists are considered “weak road users” under the law and therefore enjoy extra protection. There is a special legal regulation in place that requires a scooter rider or moped rider to take into account any traffic error made by the cyclist. This means you are entitled to full compensation, including medical expenses and lost income. It is important to take quick action and hire a personal injury lawyer to get your personal injury compensation in full.

Perpetrator unknown or driven on

When the perpetrator of a bicycle accident is unknown or has driven on, the victim may be eligible for compensation from the Motor Traffic Guarantee Fund. This fund provides a solution for situations where the liable party is unknown. Contact us to discuss the possibilities and we will help you claim your compensation. Even in these cases, you are entitled to fair and full compensation for the personal injury you suffered. Our personal injury lawyers are ready to support you and make sure you get what you are entitled to.