Liability for damage with scooter and cyclist

Questioner

My son is riding his scooter in the evening through the rain with a friend on the back of the scooter. He gets off in a well-lit viaduct to wipe the rain from his face. The friend stays on the scooter. The scooter is standing still against the curb on a wide cycle path. A cyclist rides into his scooter, the cyclist falls and says he did not see the scooter because his glasses were fogged up by the rain. They exchange information. Now the cyclist's insurance claims that the cyclist is not liable in connection with WVW 185. The scooter has €750.00 in damage. Is this correct, because the scooter was standing still, the cyclist crashes into a stationary vehicle, and the scooter was neatly parked on the side of the cycle path so it did not obstruct traffic. My son also has 2 witnesses who heard the cyclist say that he could not see anything because of the fogged up glasses. Yet the other party does not want to pay. ??? Is it correct that wvw185 applies here?

Lawyer

Yes, 185 WvW applies because the scooter is only stationary and is then participating in traffic. In that case, a cyclist enjoys special protection under article 185 WvW and there is a chance that the cyclist does not have to compensate for the damage or part thereof. Based on your story, I think that more than 50% of the damage can never be recovered from the cyclist.

Questioner

Even though the scooter had been standing still for a while and my son was no longer on the scooter?

Lawyer

You indicate the following: ''He steps off in a well-lit viaduct to wipe the rain from his face. Friend stays on the scooter'' Now that the son has gotten off his bike for a moment and his friend remains on the scooter, the cyclist can state that the scooter is not being parked but is standing still for a moment and is therefore still participating in traffic.