Compensation for Bicycle Accident: What Now?

Questioner

Hi, I had a collision with another cyclist. I wasn't looking properly and he was riding very fast, causing him to be thrown from his bike. He managed to make it clear to me that his jacket, worth 500 euros, was torn and that I had to pay for it, at least in part. I am not insured. What should I do?

Questioner

I should also mention that he just made me an offer to pay 350 euros for his jacket. I still think that is a lot of money. Does it matter that he was riding his bike really fast or are you allowed to ride as fast as you want on the bike path?

Lawyer

Dear questioner, If you are at fault for the accident, you are obliged to pay for the damage. However, this does not mean that you have to pay for a new coat. Can the coat be repaired? Then you are obliged to pay the repair costs. You can request the repair receipt from the other party and reimburse this. Is the coat beyond repair? Then you can determine the value of the coat at the time of the accident (current value) in consultation. This value depends on the age of the coat and how much the other party paid for it at the time. As a yardstick for the current value, you could also look at/estimate how much the coat would have fetched on Marktplaats.

Lawyer

Sometimes it is possible to appeal to contributory negligence. But then you must prove - with or without witnesses - that the other party drove very fast and recklessly. Your word alone is not enough for this. If you are insured against liability (i.e. have liability insurance for private individuals (AVP)), you can report this accident to your insurer. But that is only attractive if the deductible is below the damage to be compensated. It is possible that injuries will be claimed afterwards. If you settle the matter outside your liability insurer, I advise you to at least put in writing that you have compensated a specified amount for a damaged jacket. If the jacket (in your opinion) cannot be repaired, I would at least ask for the brand, material, purchase receipt (or bank statement) and date of purchase of the jacket. Clothing is depreciated a lot, so it is questionable whether € 350 is a realistic amount of damage.