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Accident between bicycles

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Hello everybody,

 

I was involved in bicycle accident (on a bicycle lane) last month and I have just received a letter from Police that I am accused of causing bicycle accident. In the letter stays that during overtaking by me another cyclist (on a bike lane) I wasn't careful enough and this cyclist felt down. Police and an ambulace came. The cyclict was in shock but wanted from me 300euro for damaged helmet. I refused and waited for the police to arrive. Nothing serious happened, but the cyclist went to the hospital in ambulance. I do not feel guilty as form my perspective I was hit on the rear wheel by this cyclist while I was already in front. Now I have got two weeks to send my statement to the police. I can either confirm that version (which is false in my opinion) or write down how did it happen from my perspective. I have to mention that I AM INSURRED (Haftpflichversicherung).


My question is: What will happen afeter sending to the Police my statement, where I will write my point of view and I will try to prove that I am innocent? Is there going to be a court case, as me and this cyclist got different point of views? If I will be convicted of negligent driving will I have to pay any fine or pay some money from my pocket to the cyclist or my Insurance will cover this things? Cyclist was in hospital so I guess money was taken from cyclist's insurance. Is my insurance will have to cover it? What do You think? What shall I do now?

 

Thank You in advance for your advice :)

 

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You overtook another cyclist and your back wheel and his front wheel collided and you think you are innocent?

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1 hour ago, ifzo said:

a letter from Police ...[says] that during overtaking by me another cyclist (on a bike lane) I wasn't careful enough and this cyclist felt down. 

 

form my perspective I was hit on the rear wheel by this cyclist while I was already in front.

 

I suspect Krieg is right, but ifzo/OP's description is not clear.  did ifzo pass or get passed?

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50 minutes ago, ifzo said:

Nothing serious happened, but the cyclist went to the hospital in ambulance. 

 

That doesn't fit. Obviously something serious happened that made it necessary to take your opponent to the hospital.

 

50 minutes ago, ifzo said:

 

I do not feel guilty as form my perspective I was hit on the rear wheel by this cyclist while I was already in front.

 

As Lisa said, you need to allow sufficient space between yourself and the vehicle you've overtaken before moving back in front of them.

 

50 minutes ago, ifzo said:

Now I have got two weeks to send my statement to the police. I can either confirm that version (which is false in my opinion) or write down how did it happen from my perspective. I have to mention that I AM INSURRED (Haftpflichversicherung).

 

No need to SHOUT (capital letters are considered as shouting in forums). 

 

50 minutes ago, ifzo said:


My question is: What will happen afeter sending to the Police my statement, where I will write my point of view and I will try to prove that I am innocent? Is there going to be a court case, as me and this cyclist got different point of views?

 

Not in the first step. Police will submit the file to the state prosecutor. He will decide whether to close the case (unlikely because someone has been injured) or whether to apply to the court for a fine against you. Fines for negligent bodily injury for first offenders are usually 30 daily rates, i.e. about one month's income. Only if you refuse to pay the fine will a trial begin. 

 

50 minutes ago, ifzo said:

 

If I will be convicted of negligent driving will I have to pay any fine or pay some money from my pocket to the cyclist or my Insurance will cover this things?

 

No Haftpflichversicherung (nor any other insurance) covers fines. That would make the point of punishment absurd. 

 

50 minutes ago, ifzo said:

 

Cyclist was in hospital so I guess money was taken from cyclist's insurance. Is my insurance will have to cover it?

 

Liability insurance covers property damage, financial loss and personal injury caused by you. Have you reported the accident to your insurance company yet?

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Hey,

 

Thanks for your replies.

To be clear: Accident happened after I overtook this cyclist. Then I was hit in my rear wheel. It didn't happen during overtaking.

I don't feel guilty of negligence but the same time I know that it looks that it was my fault. Cyclist made a move towards my rare wheel and felt down after hitting it. 
 

30 daily rates of fine? Gross or net? This is nuts! This is a lot of money!
Cyclist wanted some money from me for a helmet, will I have to pay for that also?
 

19 minutes ago, someonesdaughter said:

Have you reported the accident to your insurance company yet?


No I haven't reported it yet.
 

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if you were going so fast you had to overtake, and if you allegedly left enough space before moving in front of them again, how did they "make a move" towards your rear wheel? 

 

what does that even mean?

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someonesdaughter gave you the answers, mate. Now it’s for the police to determine if it’s the other bloke’s fault or yours. 

 

Let us know. Cheers

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3 minutes ago, Cammiede said:

someonesdaughter gave you the answers, mate. Now it’s for the police to determine if it’s the other bloke’s fault or yours. 

 

Let us know. Cheers

 

Thanks for your reply. someonesdaughter asked if I have contacted my Insurance company. I didn't do that. Shal I do it or not? This is what I wnated to know. Additionally, will I have to pay any other money to this cyclist (broken helmet)? 

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36 minutes ago, ifzo said:


No I haven't reported it yet.
 

 

That's your top priority.    That's what third party liability insurance is for.   They may well, for example, get the two of you together and an assessment of your bikes done to help assess the matter.

 

It it was in a car, you would not think twice.  Actually no different here.

 

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1 minute ago, swimmer said:

 

That's your top priority.    They may well, for example, get the two of your together nd an assessment of your bikes done to help assess the matter.

 

sorry, but I don't understand what You mean by that?

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When you start the insurance claim, your insurer will quite possibly investigate the circumstances. You have transferred the risk to them.  They obviously may need to obtain evidence of what happened.   

 

When I had a collision with a car, the insurer sent an expert to look at my bike and their car.   May not be for you but that's what they did for me.  If it was not your fault, things like position of damage on the two wheels may well validate your assertions.

 

They will definitely get you to write (and sign) a description of what happened, when you start the claim.   You might as well write now as much as you can remember now, possibly, and use it going forward?

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1 minute ago, swimmer said:

When you start the insurance claim, your insurer will quite possibly investigate the circumstances. You have transferred the risk to them.  They obviously may need to obtain evidence of what happened.   

 

When I had a collision with a car, the insurer sent an expert to look at my bike and their car.   (May not be for you but that's what they did for me).

 

 

OK, but this cyclist's bike was ok. Helmet was broken and cyclist was taken to hospital, but it was just routine procedure nothing serious. Shall I contact my insurance company anyway?

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6 minutes ago, ifzo said:

 but it was just routine procedure nothing serious.

 

Nothing serious :blink:?  You said the police are investigating a collision that resulted in the other party being hospitalised and asking you to provide evidence.   I'd say that is serious.

 

In addition, your insurer is better placed to argue what is "serious" than you are quite probably.   The costs of ambulance and hospital bills, ongoing costs (e.g. rehabilitation, sick pay, time off work), a new bike and helmet etc will add up.  Which is why we have the insurance.  

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2 minutes ago, ifzo said:

Shall I contact my insurance company anyway?

 

If you don't expect the insurance company to cover the damage you have caused, you can leave it at that ...

 

Sorry, but the question is really naive. 

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I had a friend who had a solo crash, broke his helmet, and later died from his injuries.

 

his bike was fine.  Not sure what you think that has to do with anything

 

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34 minutes ago, ifzo said:

 

 

OK, but this cyclist's bike was ok. Helmet was broken and cyclist was taken to hospital, but it was just routine procedure nothing serious. Shall I contact my insurance company anyway?

So- you are a medical expert?  Because the other cyclist was conscious, you assume they are ok?!

Take advice- contact your insurance.

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I've managed to drop one of my kids' cycle helmets down the stairs, I've trodden on it, and kicked it against a concrete wall when it was in the way...yes, I can be clumsy, and no my kid's head wasn't in it at the time. However, it didn't break. If the helmet broke, some of the force of hitting the ground will have gone into the victim's head. If you have insurance, this might be a good time to think about using it.

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2 hours ago, dstanners said:

I've managed to drop one of my kids' cycle helmets down the stairs, I've trodden on it, and kicked it against a concrete wall when it was in the way...yes, I can be clumsy, and no my kid's head wasn't in it at the time. However, it didn't break. If the helmet broke, some of the force of hitting the ground will have gone into the victim's head. If you have insurance, this might be a good time to think about using it.

Not necessarily.  My boss was hit by a car and his helmet shattered.  That is what they are designed to do.  His head was fine.  He still came to work that day.  His arm was sore though. For all the people saying that the other cyclists MUST have been hurt, why then would they only be asking for the  price of the damaged helmet and not personal injury and medical costs?  

 

Who pays 300€ for a helmet?  Sounds like a scam to me.  I would ask to see the receipt. 

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1 hour ago, BradinBayern said:

why then would they only be asking for the  price of the damaged helmet and not personal injury and medical costs?  

 

Any insurer of the other party is who will ask for medical costs, I think?   The OP mentions a hospital and ambulance (latter typically c. 500 Eur).  The health insurer of the other cyclist won't be paying that if the OP is found to have caused it, possibly. Hence the need to go to their insurer.   (And why others note that the cost of a bike or helmet is not the biggest worry).

 

 And it is quite easy to say "it is OK" and it very may well be.  But time off work (losing income, dealing with unhappy employer etc) and longer term implications may possibly make the other party reflect differently - possibly encouraged by family, mates, insurers etc who remind them of entitlements.  Hence the need to go to their insurer.   (I was injured on public transport last year and various sources advised me to consider this side of things but I was not doing much at the time - had it impacted my ability to earn substantial sums etc, of course I would have asked the party causing it to pay, and that one did not even involve a hospital but was incapacitating).

 

Accidents happen.  It's not a scam.  Or at least not in the view of the police, who are probably a reliable judge.  If it is a scam, the fictitiously "injured" cyclist can presumably expect a charge of wasting police time, or  possibly worse.  And registering the incident with your insurer is 100% the best thing to do (i.e. scare them off).   This is what 3rd party liability insurance is for.  What it says on the tin - possible liability to a third party.    Had it been cars, both parties would have been on the phone to their insurers right away.  No hesitation.   (What asking for money right there tends to mean is that you are not insured, or do not wish to claim, of course).

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