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My wife was hit and injured by a scooter, when she was walking on the bicycle road (at that location there is no pedestrian way available).
Now she got a claim, that she need to pay for the scooter damage.
What should we do in this case and who could help us with this case?

Goodmorning,

I read your story. I hope you're wife is doing well. It is not entirely clear to me what exactly happened.

A pedestrian is protected under Dutch law under article 185 of the WVW. That means that you're wifeis entitled to compensation of 50% of her damage unless there is force majeure on the part of the scooter rider.

It is difficult for me to judge this on the basis of the above story. I would therefore like to get in touch with you personally to discuss the situation well. As an letselschade jurist for accident victims, i can provide you, guaranteed, free of charge, legal assistance and help with recovering you're wife her costs and the damage you're wife have suffered. Attention, understanding and communication are always my starting point.If you need this, please contact me. I am happy to talk to you.

Beoordeel dit antwoord:

Dear sir,

When there is no pedestrianway available, then it's legal to walk on the bicycle road according to article 4 RVV (traffic regulations and traffic signs). A scooter is a vehicle with a motor. So your wife is protected by the law and must be seen as a weak road user, see article 185 WVW (trafficlaw). This means your wife is entitled to claim (at least part of) her damage. Your wife can claim her damage at the insurer of the scooter (article 6 WAM (motor vehicle liability act).

Does you wife need help with claiming her damage? She can make use of a free liability attorney (in Dutch: advocaat). An attorney can work for free for your wife, because the costs of the attorney can also be claimed as damage. Watch out: there are many companies who state that they help victims but where no attorneys work (in Dutch the not by law protected word: jurist). Some companies are unprofessional.

I am liability attorney. If your wife wants to make use of a free attorney then you can contact me. You can find my contact details by clicking on my name on the right of your screen.

With kind regards,

Marcel Schreijer

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Reactie van de vraagsteller

Thank you for your answers. What kind of damage can she claims and how get the numbers? This is kind of unclear for us.

But you didn't answer my question in your replies. Let me rephrase it. Lawyer of the scooter driver send us a claim, that my wife needs to pay for the scooter damage. Could you comment on this?
Sound ridiculous for me, but we got that letter.


Dear sir,

In that case you must point out to the other party that article 185 WVW has a reflex effect. This means that your wife in principle is not liable for more than fifty percent for the damage resulting from the accident. The other party must prove that your wife is liable. If you or your wife have a liability insurance, I recommend bringing this issue to the attention there.

With kind regards,

Marcel Schreijer

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Reactie van de vraagsteller

Thanks! Will do that.


Goodmorning,

First of all it is important that the accident took place on a public road involving a motorized vehicle and a non-motorized vehicle such as a pedestrian. If so, article 185 WVW applies.

Like i said article 185 WVW protects pedestrians, which means that a pedestrians will get at least 50% compensation of his/her demage unless there is force majeure on the part of te scooter rider.

In the case of youre wife, the lawyer of the scooter rider needs to prove that there is force majeure on the part of te scooter rider. Under Dutch law this is very difficult because a pedestrian is protected.

For me it is It is difficult to judge this on the basis of the above story. I would therefore like to get in touch with you personally to discuss the situation well.

Our office is registered in the Register of Personal Injury Claims of the Personal Injury Council. This register contains qualified representatives such as personal injury experts and personal injury lawyers who conform to the quality requirements that the sector sets for them. For information, see: www.letselschaderaad.nl.

If you would like to choose an attorney, it is imporant that the attorney is registered at the LSA. You can find a registrered attorney at https://www.lsa.nl/.

If you like to have contact about the case of youre wife you can click on the picture and you will get in contact.

Kind Regards,

Joyce Slotegraaf

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Reactie van de vraagsteller

Thank you for your reply. We will have a look for LSA attorney in our area.
Thanks!



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