Liability in case of bicycle accident - Free Advice

Questioner

Good afternoon, I have a question and hope you can help me with this. I was hit by a bike while I was cycling on the sidewalk. A car came from an exit and hit me on the side. My bike is slightly damaged, I am unharmed. The car has some damage. Can you tell me who is liable? The driver now wants to fill out a claim form afterwards. However, I do not have third-party insurance and I suspect that if I am liable, the costs will be for my own account. I would like to get advice about this. Thanks in advance! Greetings Irene

Lawyer

In principle, in the event of a collision between a cyclist and a motor vehicle, in this case the car, the motor vehicle is always liable under art. 185 WvW and in any case for 50%. Cyclists are protected. It is possible that the other party, if you wish to recover your damages, believes that you are partly to blame for cycling on the pavement. It depends on all the circumstances of the case whether this position is correct.