Liability in Bicycle Accidents - Legal Advice

Questioner

Someone rides his bicycle to work. The cyclist is not insured. He is hit by a car that does not have the right of way. Should/can the driver be held directly liable for the damage?

Lawyer

If the driver did not give way, he is in principle fully liable. This means that the driver's insurer must pay for the (personal injury) damage. For this, either the driver or his insurer can be held (directly) liable. If there is any personal injury, I advise you to seek assistance from a specialized lawyer. This is often free of charge. If you have any further questions or would like support, it is best to contact us.

Lawyer

following the advice of my colleague Hijink, it is even the case that even if the cyclist did not have priority, the motorist can still be partially or fully liable for the damage. In these types of cases, the costs of legal assistance can usually also be recovered as damages. I myself work on a no cure no pay basis in these types of cases. Payment for my work only has to be made if compensation is also paid.

Lawyer

As the previous two answers show, the car driver can be held directly liable. Especially when the victim is a cyclist. In the Netherlands, cyclists are given extra protection. Except in the case of force majeure, which is not often the case, the car driver is liable. Since the other party has not given way, liability seems to be a given. If there is personal injury, I advise you to hire a specialized personal injury lawyer. He or she can help you hold the other party liable, make an inventory and settle the damage with (the other party's insurer). If you live in the Westland area, I would be happy to assist you. Because the other party is liable, the other party must also pay the legal costs. It is therefore not necessary (or wise) to make a no cure no pay agreement.