Liability for personal injury after a bicycle accident

Questioner

My friend had a collision with another cyclist 2 years ago with his racing bike. The other cyclist was at fault, he had a bag on the luggage carrier that suddenly fell off and my friend could no longer prevent a collision. We recently received the report, after almost 2 years! We want to hold the other party liable for material and personal injury damages, at the time of the accident we did not have legal expenses insurance. How are we going to do that? Contacted the Legal Helpdesk who referred us to a Belgian website but there is no response.

Lawyer

I hope your friend has made a full recovery otherwise I wish him a speedy and full recovery. You must hold the cyclist liable in writing for the damage and damage yet to be suffered. To ensure that you are compensated for all damage, it is wise to seek the help of a personal injury specialist. I have extensive experience with these types of cases, whereby our services are completely free for you if the other party acknowledges liability. You can contact me directly and free of charge for assistance.

Lawyer

Holding your counterparty liable is not difficult. You send a letter to the counterparty in which you state that you hold him liable and why. In the letter you ask your counterparty to report the case to his liability insurer. They will then contact you. The process from that moment on is difficult. It may be necessary to have a discussion with the insurer because they initially - wrongly - reject liability. But even if liability is acknowledged and the claim settlement gets underway, it becomes difficult. After all, your injury must be mapped out and the damage you suffer as a result. Depending on the severity of the injury, it is wise to hire an experienced personal injury lawyer. They can assist you throughout this entire process. If the other party is liable, the other party must not only pay your damages, but also the costs of legal assistance. Usually, the assistance of your personal injury lawyer will not cost you anything. If you would like more information or assistance, please feel free to contact me.

Lawyer

Following the good advice from my colleagues, I wonder why you were referred to a Belgian website. If this is because the accident occurred in Belgium with a Belgian counterparty, then that is a complicating factor. However, if the case is in the Netherlands with a Dutch counterparty, then I am happy to look at your case free of charge and without obligation. I have extensive experience with personal injury cases and I recover my costs from the insurer of the counterparty so that it costs you nothing.

Questioner

I forgot to mention that the accident happened in Belgium, the other cyclist has Belgian nationality.

Lawyer

Because the accident occurred in Belgium with a Belgian counterparty, Belgian law applies. In Belgium, unlike in the Netherlands, the costs of legal assistance for a procedure are not reimbursed by the counterparty. I advise you to contact a Belgian lawyer or a personal injury law firm that also operates in Belgium.