Liability for Bicycle and Scooter Accidents

Questioner

My partner (cyclist) had a collision with a scooter. There is negligible damage to the bike but substantial damage to the scooter. The cyclist did not see the scooter and therefore did not give way. (There were shark teeth on the road). It was night and raining, but it is a well lit intersection. Also, her view was obstructed by a second cyclist (that's me, I was cycling next to her on the outside, the scooter came from the left) 1>Who is liable and to what extent for the damage to the scooter? 2>Who is liable and to what extent for any damage to the scooter rider's clothing?

Lawyer

This is called the reflex action of article 185 WVW. The question now is whether there is force majeure on the part of the scooter. Given your description of the situation, I am of the opinion that this is not the case. In that case, the damage - although the cyclist is at fault - will in principle remain partly at the expense of the scooter. To what extent depends on the extent to which the fault of the cyclist on the one hand and circumstances attributable to the scooter on the other hand have contributed to the damage. It is also important whether you and the scooter owner are insured. If you have taken out liability insurance for private individuals, I advise you to report the damage. In short, I cannot give an exact answer based on the information currently available. You can of course contact me so that we can discuss things by phone and I can serve you better.

Lawyer

In this situation you must distinguish between: 1. The damage to the bicycle. Despite the fact that your partner did not give way, I assume that the damage to the bicycle must be compensated for 50%. This is because your partner enjoys legal protection as a cyclist (Article 185 WVW). 2. The damage to the scooter and clothing. Because your partner did not give way, he is in principle liable for the damage to the scooter and clothing. I therefore advise you to report this matter to your liability insurer. Incidentally, it will have to be determined on the basis of the circumstances of the case whether and to what extent the scooter will be fully compensated for its damage. As a motorized vehicle, there is a good chance that not all damage has to be compensated. Good luck!

Lawyer

As you describe it, the scooter driver is 50% liable, regardless of fault. The degree of the cyclist's own fault and the facts and circumstances (e.g. force majeure) should also be considered. Also if there is damage to the scooter driver's clothing. If there is also injury and it has been determined who is liable, you can recover those damages from the other party. Please feel free to contact me directly and free of charge for consultation.

Lawyer

Please take a look at this ruling to see how the judge rules in such a case: http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBHAA:2012:BW8587