Unfortunately, a bicycle accident often ends with injuries. The cyclist has no crumple zone. Added to this are inadequate cycle route infrastructure, excessive speed of other road users and confusing intersections.
In this guide, we explain what you need to bear in mind after a bicycle accident and how you can assert your claims for damages such as compensation for pain and suffering and loss of earnings.
- In principle, the same measures and steps must be taken after a bicycle accident as in the case of a car accident.
- The police do not always have to be called in the event of a bicycle accident. However, they should be called in the event of injuries, serious damage or suspected alcohol or drug consumption.
- The person who caused the accident - or their insurance company - must pay for the damage caused. Which insurance pays out depends on which vehicle the person who caused the accident was travelling in.
- A claim for compensation for pain and suffering is more difficult to enforce in the case of minor scratches or minimal abrasions. For larger injuries at the latest, it is strongly recommended that these claims are asserted professionally.
- We at fairforce.one will be happy to help you with any questions you may have and will take care of your accident settlement 100% free of charge.
Bicycle accident - What to do?
A cycling accident can happen quickly and is an absolutely exceptional situation for any cyclist. However, it is particularly important that you remain calm. Try to keep an overview and act calmly. react. Bicycle accidents often involve a car and the risk of injuries and fender benders is high.
In principle, the same measures and steps must be taken after a bicycle accident as in the case of a car accident. In the event of a bicycle accident, the two offences of "unauthorised removal from the scene of the accident" (Section 142 of the German Criminal Code) and "failure to render assistance" (Section 323c of the German Criminal Code) are therefore always involved. If the cyclist was drunk with more than 1.6 per mille, his driving licence can also be revoked.
So what should be done after a bicycle accident with a car - and in what order?
8 important steps after a bicycle accident
- The most important thing is to stay calm and organised. An accident is an unwanted challenge for your organisational skills.
- First secure the scene of the accident.
- Dial the emergency number 112 immediately.
- Now provide first aid. If several people can help, split up: One person calls the emergency services. The other people provide first aid at the same time. If you are injured, treat yourself and then help the other people involved in the accident.
- If the emergency services are there or if there were no injuries, then look around for possible witnesses now.
- Exchange the most important personal details with the other party involved in the accident and take photos of the accident site and the damage.
- If necessary, contact the police so that the accident can be recorded with a diary number.
- You should also always write an accident report and have any injuries certified by a doctor. We have explained exactly how you can best take the individual steps in this guide article summarised.
Bicycle accident: When to call the police?
The standard phrase of every lawyer gives the right answer here: "It depends." By law, the police do not have to be called for every accident. In the case of minor damage, it often makes sense not to contact the authorities and save yourself the time and trouble.
In the event of major damage or personal injury, you should always contact the police. As the person responsible for the accident, you are even obliged to do so. If you suspect that the other party involved in the accident was under the influence of alcohol or drugs, you should definitely report the accident to the police.
If there is a dispute about how the accident happened or who was at fault, or if the other party refuses to provide their details, we advise you to call the police. The same applies if you feel pressurised or if you have the impression that the accident was provoked. If there is agreement on the cause of the accident and the question of fault and nobody was injured, it is usually sufficient to exchange personal details.
Bicycle accident: You are entitled to these claims
If you are the victim of an accident as a cyclist, you can claim compensation for damages, including for your damaged bike and compensation for pain and suffering in the event of injuries. In the event of serious injuries, your Medical treatment costs - e.g. doctor and physiotherapy - and to calculate and claim any loss of earnings for you. Last but not least, the position of the so-called Household management damage considerable reimbursement claims for you if you are restricted in your ability to run a normal household. Claims are made against the other party involved in the accident or against the driver's liability insurance. Claims may be made directly against the motor insurance company.
However, it must first be clarified who is at fault. Then the question of liability can be determined. If you contact us In the event of a bicycle accident with a car, the motor vehicle insurance is responsible if the car driver is the cause of the accident. If a cyclist has caused injury to another cyclist, the personal liability insurance of the person responsible pays out. The same applies to accidents caused by pedestrians. However, some providers now also offer special liability insurance for bicycles, which can also be helpful. This may even be mandatory, especially for eBikes and pedelecs.
If you caused the accident and were injured yourself, your own accident insurance is the right contact for your bodily injuries. You should therefore report the bicycle accident to the insurance company. If the accident occurred on the direct route to or from your place of work, as an employee you also regularly have claims against the statutory accident insurance.
If the person responsible for the accident is a pedestrian or cyclist and has not taken out liability insurance, they are liable with their private assets. Drivers in Germany, on the other hand, are obliged to take out motor vehicle liability insurance. In order for the insurance company to pay out, contact must be made with the opposing insurance company as quickly as possible. The insurance company must also be provided with all the necessary documents and information. We will be happy to help you with this.
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Exception: bicycle accident on the way to work
A cycling accident on the way to work is a so-called "commuting accident". This must also be reported to the statutory accident insurance. This is often reported via the employer.
Bicycle accident under the influence of alcohol
If you cause a cycling accident while under the influence of alcohol, you run the risk of the insurance company reducing or even cancelling your benefits. Your driving licence may also be revoked.
Cycling accident in the wrong direction
If you are cycling on the wrong side of the road, you may be partly to blame.
Cycling accident with headphones
If a bicycle accident occurs because the music was too loud and you could not hear properly, it is possible that both accident and personal liability insurance companies will significantly reduce their claims payments.
Bicycle accident without helmet
A bicycle accident without a helmet has no influence on the insurance payment. However, it is advisable to wear a helmet for safety reasons alone. An exception applies to racing cyclists.
Compensation for pain and suffering after a bicycle accident
Whether or not you as the injured party receive compensation for pain and suffering depends largely on the severity of the damage you have suffered. If the injuries are serious and not minor scratches or minimal abrasions, it is advisable to claim compensation for pain and suffering. Our traffic law specialists can assert your possible claims against the opposing insurance company. However, it is important for the claims settlement that you consult a doctor in the event of injuries and have the injuries documented. We also recommend that you take photos of the injuries.
What to do after a bicycle accident
Have you been involved in a bicycle accident and you are not at fault or are not sure? We can help you. Our network of specialists will support you competently and personally and take care of the entire claims process for you.
The tried and tested process at a glance:
Cyclist causes accident - who pays?
If the cyclist is at fault for the accident, their private liability insurance will step in and settle the damage to the other party's vehicle as well as any other damage.
Car damaged by bicycle - who pays?
If you have damaged a car with your bike through your own fault, your private liability insurance is responsible for settling the claim. Under certain circumstances, the car driver may also be partially at fault.
Also be careful when you leave the scene of the accident so as not to commit a hit-and-run offence.
Is a bicycle covered by liability insurance?
Is a bicycle covered by liability insurance? - Many cyclists ask this question at the latest when an accident has happened. In a nutshell: As a rule damage that you cause with your bike is included in your private liability insurance. For some types of bike, such as certain e-bikes and pedelecs, you even need to take out appropriate liability insurance.
