Liability for Cyclists: What to Do?


Questioner

This week I had a minor collision as a motorist with a cyclist (girl under 14). She should have stopped at a crossing but cycled onto the road between stationary cars. I was able to brake and hit her luggage rack. The childminder was cycling behind and saw it happen. Now I understand that according to the law of the weaker road user (child) the driver is 100% liable. (Her glasses were damaged by the fall) What about the paint damage to my front bumper? Can I also report this via the insurance? (Liability? Parents/childminder?) Or am I not entitled to anything given the 100% liability according to the law?

Lawyer

It is true that in the event of a collision with a cyclist under the age of 14, you are fully liable for the damage to the cyclist, unless there is force majeure, although this is difficult to prove. You are in fact liable for the risk. You can be compensated for your own damage if you have all-risk insurance. In principle, you can also try to recover your damage from the cyclist, but then you must provide very good evidence. But as indicated, the cyclist is under the age of 14 and this will be almost impossible.

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