Liability and compensation | Rechtswinkel.nl

Questioner

Dear Sir/Madam, Could you please look at the letter below to see if I have a case? Thank you in advance. Greetings, --- Subject: Liability for damages Dear, Following the accident on February 2, 2014, I am sending you this letter. On February 2, 2014, you committed an unlawful act, causing me to suffer damages, the extent of which has not yet been (fully) determined. The unlawful act lies in the following: On the night of Saturday, February 1st, into Sunday, February 2nd, around 3:30 a.m., you came out of a side street of a grade-separated intersection in front of me, with no lights. (In that situation, there was a continuous curb and therefore an exit situation; see the attached photo if applicable.) I couldn't brake in time and collided head-on with the front of your bike at about 30 km/h. I immediately flew off the pedals and over you. I imagine something similar happened to you. I got up to see if you were okay, and after a quick check, we called my doctor, or rather, the emergency room at Diakonessen Hospital. We walked there together. (I can elaborate if necessary.) I hereby hold you liable for the damages I suffered. I will take my racing bike to the bike shop to have the damage assessed. Greetings, ...

Lawyer

Dear questioner, The letter's author states that he, as a cyclist, had the right of way at the intersection and that you, also a cyclist, should have yielded to him. If the other party's assertion in their letter is correct, then you violated the right-of-way rules and should, in principle, compensate you for the damage. In answering the question, I based my answer on the facts outlined above. This means that you cycled from a street with a so-called "exit structure" and should have yielded to all traffic on the intersecting road. I cannot currently determine whether such an exit structure was present. Perhaps you could email me the photo. However, the fact that you may be liable doesn't mean you have to pay 100% of the damages. The other party claims they were cycling at 30 km/h (19 mph) into an intersection. I believe the other party should have adjusted their speed to the traffic situation and that they are at least partly to blame. Having the right of way isn't a right!

Lawyer

Dear questioner, The letter looks fine at first glance. For completeness, you could add that you want to use this letter to interrupt the statute of limitations. I also recommend sending this letter by registered mail. I read that you've suffered an injury. In that case, it's wise to consult a personal injury specialist. This is a lawyer who can help you recover your damages. This means they can calculate your damages, negotiate with the other party, and so on. If the other party is liable, this legal assistance is generally free of charge. I wish you much strength, and if you wish, please feel free to contact me. I'd be happy to help.