You hit a stationary car while riding your bicycle. Not only did you suffer personal injury, but you also damaged the car. What now? What is the deal with liability in case of a collision with a stationary car? Can you file a claim for damages? Or do you have to pay for the damages yourself? You read it here.
Liability depends entirely on the circumstances of the accident. Therefore, in this article, we will cover three possible situations when you collide with a stationary car with your bicycle.
The accident occurs while the car:
- Is parked and is not a road user at the time
- Is standing still in the roadway because the driver is waiting for someone or is loading and unloading
- Has just been parked and the driver or another passenger abruptly opens the door you are cycling into
We also briefly discuss what happens if your car collides with a stationary car.
Important background information in a collision between a bicycle and a car
When you cycle in traffic, you are a vulnerable road user. After all, as a cyclist, you do not have any form of protection against possible traffic accidents. This puts you at greater risk of serious injury if you are hit by a strong road user. The latter road users include all motor vehicles, such as a car.
Cyclists, therefore, have special legal protection in the Netherlands under Article 185 of the WVW:
“If a motor vehicle driven on the road is involved in a traffic accident that causes damage to persons or property not transported by that motor vehicle, the owner of the motor vehicle or – if there is a keeper of the motor vehicle – the keeper is obliged to compensate that damage, unless it is plausible that the accident was due to force majeure, including the case that it was caused by someone for whom the owner or the holder, respectively, is not liable.”
This means that the driver or owner of a motor vehicle is almost always liable for the damage incurred. In practice, this means that if you, as a weak road user, are hit by a strong road user, you are almost always entitled to compensation. Even if you (partly) caused the accident yourself. Unless there is force majeure.
Exception in case of force majeure
There is one exception to Article 185 of the WVW: force majeure. The Supreme Court has interpreted the term ‘force majeure’ in this provision as follows. Force majeure occurs when:
“The mistakes of the other road user were so unlikely that the driver did not have to take them into account.” (HR May 22, 1992, NJ 1992/527 (ABP/Winterthur).
This means that in practice force majeure is not readily assumed. This entails that if the driver of the motor vehicle can demonstrate that you have committed a traffic error with intent or gross recklessness, you will not be entitled to compensation. The driver of the motor vehicle must provide proof of this. In practice, however, force majeure is rarely granted.
Liability in the event of a collision with a stationary car
Liability in the event of a collision with a stationary car depends on the situation. This is examined on the basis of the following two questions:
- Was the car a road user at the time of the accident?
- What was the cause of the accident?
We explain it below on the basis of the three possible accident situations.
The car is parked and is not a road user at that time
It can happen that you hit a parked car. Article 185 WVW does not apply in the event of a collision with a parked car, because the car is not a road user at that time. If you incur damage as a result, it will not be eligible for compensation. And if you have caused damage to the parked car, you must compensate that damage.
The car is stationary but is a road user
A car may be parked on the side of the road or partly on the sidewalk because the driver is loading and unloading or waiting for someone. If that is the case, the car is considered a road user. This means that Article 185 WVW does apply here.
If in this case, you have caused damage to the parked car, you do not have to pay for it. And in this situation, there is a chance that you can be compensated for (part of) your damage. It is of course also possible that there is force majeure, in which case you will not be reimbursed for your damage.
You cycle into a car door
The fear of many cyclists: you are cycling at a good speed on the road when suddenly a car door is swung open. You either get hit in the face by the door or ride into it at full speed. You can then almost always recover all of your personal injury damages from the counterparty’s insurer. Because in this situation, the fault lies with whoever opened the door without carefully looking around.
Car hits a stationary car
Someone has damaged my car, what now? If it concerns an accident between two motor vehicles, Article 185 WVW does not apply. If another road user collides with your stationary car, you will of course be reimbursed for the damage. But this also applies the other way around. If you collide with a stationary car with your car, you must compensate the resulting damage.
Have you suffered personal injury and have you taken out a Vehicle Occupants Inscurance (SVI)? Then you can turn to them to claim your personal injury. Always seek legal assistance for this. So you can be sure that you get what you are entitled to.
Want to share this article?
