You’re cycling to work when suddenly you’re hit from behind. Or on your way to school, you get into a bicycle accident. If you get injured or experience complaints as a result, you may suffer damage. This damage is called personal injury.
Claiming personal injury compensation after a bicycle accident (Dutch: fietsongeluk) is often not easy. You can try to do this yourself, but it’s often better to hire a personal injury lawyer, as they specialize in claiming personal injury compensation. But what can you do yourself if you get injured as a result of a bicycle accident, and which personal injury amounts are eligible for compensation? You can read about it in this blog.
What to do after a bicycle accident?
If you are involved in a bicycle accident, you are entitled to compensation, provided the other party is at fault for the collision. In summary, you are entitled to all incurred costs, loss of income, and pain and suffering compensation (Dutch: smartengeld). However, claiming personal injury compensation does not happen automatically. Even if you have hired a personal injury lawyer, they cannot do much without the right information. There are several things you can do yourself to successfully claim your personal injury compensation.
Were you hit by a car or another cyclist? It is essential to always fill out an accident report form. This form allows you to record important information. With a completed accident report form, a personal injury lawyer can hold the other party liable and claim your personal injury compensation from them.
When filling out the accident report form, it is crucial to describe the circumstances accurately. What exactly happened? Did the other party fail to yield, causing you to be hit? Was it a rear-end collision, or were you hit head-on by the other party? The circumstances are important to determine who is at fault and therefore liable in an accident.
If you have the accident report form signed by the other party, the contents of the form are agreed upon by both parties. The form then serves as evidence. A judge will consider the accident report form to be accurate.
Witnesses are important in a bicycle accident
For claiming personal injury compensation due to a bicycle accident, it is also important to have witnesses to the collision. Witnesses can testify about what happened. Especially in cases where there is a dispute about the circumstances of the accident, witnesses are crucial.
Which damages are compensated?
As mentioned earlier, personal injury compensation consists of:
- Incurred and future costs
- Loss of income
- Pain and suffering compensation
Firstly, think about medical costs. After an accident, you often receive treatment from doctors, physiotherapists, and possibly even psychologists. These treatments incur costs that are eligible for compensation after a bicycle accident. Additionally, travel expenses, costs for taking over household tasks, and maintenance costs for your house and garden may also be eligible for compensation under certain circumstances.
Loss of income occurs if you become incapacitated for work due to the bicycle collision, for example, due to a fracture or brain injury. The loss of income caused by the bicycle accident must be compensated, including any pension damage.
Finally, after a bicycle collision, you are entitled to pain and suffering compensation. Pain and suffering compensation is for the distress caused by the bicycle accident. If you are injured or experience complaints due to the accident, you are always entitled to pain and suffering compensation if another party is liable for the accident.
