Car – bicycle collision: 10 frequently asked questions

You have suffered personal injury as a result of being hit by a car while riding your bicycle. Because you are a vulnerable road user, there is a good chance that you have suffered serious injuries. But even if you walked away with very minor injuries, emotions can run high. Moreover, you will be left with a lot of questions. In this article we answer 10 frequently asked questions about a collision between a car and a bicycle.

In this article, our lawyers answer the following 10 frequently asked questions:

1. What should I do after a car – bicycle collision?
2. Am I always entitled to compensation as a cyclist?
3. What damage will I be compensated for as a cyclist?
4. How much damage will I be compensated for as a cyclist?
5. Can I hold the motorist liable myself?
6. How long can I wait before holding the counterparty liable?
7. The motorist’s insurer rejects my claim, what now?
8. Can the motorist also hold me liable?
9. I was hit while riding my bicycle but the culprit drive off, what now?
10. What are the costs of legal assistance?

Question 1. What should I do after a car–bicycle collision?

If you have been involved in a car-bicycle collision, it is important that you:

• Immediately call the emergency line to seek medical help
• Collect evidence such as a completed claim form and bystander details. Also take as many pictures as possible of your injury, the damage to your personal property, and the traffic situation
• Contact an experienced personal injury agency as soon as possible
• Keep all receipts and keep a log of all post-accident events

Have you only suffered minor injuries? Then go to your general practitioner after collecting evidence. This visit to your GP is also evidence that will be noted in your medical file. With this note, you can prove the connection between your injuries and the accident.

Question 2. Am I always entitled to compensation as a cyclist?

Cyclist hits car: who is liable? It always matters who is at fault in a car-bicycle collision. You may have heard that as a cyclist you are almost always entitled to compensation, and that is correct. But it does matter who is to blame for the accident. After all, it is always assessed which traffic errors have been made on both sides. So that it can be calculated how much compensation you are entitled to.

Question 3. What damage will I be compensated for as a cyclist?

All damage resulting directly or indirectly from the collision. Consider, for example:

• Medical expenses, such as the cost of the deductible
• Lost income
• Travel expenses to the hospital
• Household help
• Child or animal care
• Damage to personal property
• Compensation for your pain, sorrow, and (temporarily) reduced joy of life

Suppose you have to go to the hospital several times to have your injury treated. If you have small children who are not yet going to school, you must arrange a babysitter. These costs must be reimbursed because they arise indirectly from the accident.

Question 4. How much damage will I be compensated for as a cyclist?

How much damage you will be compensated for as a cyclist depends on the cause of the accident. If:

• The motorist is to blame, you will be compensated for all your damage
• You are partly guilty, you will still be compensated for at least 50% of your damage
• If you are solely at fault, you are in most cases also entitled to compensation of at least 50% of your damage. Unless there is force majeure

You will not be reimbursed in the event of force majeure. However, in practice, this is rarely if ever granted.

Question 5. Can I hold the motorist liable myself?

Yes, you can hold the motorist liable yourself. However, this is not easy. You will then have to conduct complex legal discussions with the counterparty. Furthermore, there is a good chance that you will overlook all kinds of damages, you will most likely be offered an amount of compensation that is too low and, to top it all off, you will not be able to recover from your injuries in peace.

Therefore, always engage an experienced specialist. A lawyer who will take care of everything for you down to the last detail and keep you informed of all developments.

Question 6. How long can I wait before holding the counterparty liable?

There is a statute of limitations on filing a personal injury claim. You must hold the motorist liable in writing within five years. If you want to make the counterparty’s insurer directly liable, you must do so within three years. So take immediate action after a traffic accident by seeking legal assistance the very same day.

Question 7. The motorist’s insurer rejects my claim, what now?

It often happens that the counterparty’s insurer rejects a claim without justifiable reasons. That is why it is wise to always ask for a second opinion from an independent personal injury agency in the event of a rejection. In 99.9% of the cases, it turns out that you are indeed entitled to compensation. You can then transfer your case to the personal injury agency so that you get what you are entitled to.

Question 8. Can the motorist also hold me liable?

Yes, you can if you are (partly) at fault for the car-bicycle collision. It is therefore also wise to always take out liability insurance as a cyclist.

Question 9. I was hit while riding my bicycle but the culprit drive off, now what?

Driving off after a collision is a serious offense. Have you, as a cyclist, been hit by a car that has driven off? Then you can submit a claim to the Waarborgfonds Motorverkeer, a special fund for this type of accidents. It is important that you:

• Have at least one witness to the collision
• Immediately report the traffic accident if you have not been able to write down the registration number of the motorist who drove off. Were you able to write down or photograph the license plate? Then you must report the collision within 14 days

Note: you cannot submit a claim for compensation to the Waarborgfonds Motorvekeer if you have been involved in a collision with another cyclist. This fund only handles your claim for compensation if you have been hit by a motor vehicle such as a motorist.

Question 10. What are the costs of legal assistance?

Legal assistance will cost you absolutely nothing; our help is 100% free. You are entitled to free legal assistance in the event of personal injury. By Article 6:96 of the Dutch Civil Code, our costs must be fully reimbursed by the counterparty’s insurer. There is no catch.