{"product_id":"vragen-68301-mijn-zoon-13-jr-heeft-een-aanrijding-gehad-en-heeft-daarbij-zijn-arm-gebroken-hij-zat-op-de-fiet","title":"Personal injury after collision? Get free advice!","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n My son (13 years old) had an accident and broke his arm:  \nHe was on his bike and turned left and the motorist who went straight ahead hit my son and now has minor damage to his car.\n The motorist is liable for the damage and wants to recover this from his insurance.\n The driver asked us for our policy number. But we did not take out third-party insurance. What now?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n First of all, I wish your son a speedy recovery.\n\n If the driver is liable for the damage, he should report this to his insurer. He will then have to compensate your son for the damage. You would do well to engage a personal injury specialist who can represent your son's interests. The legal costs to be incurred will also have to be reimbursed by his insurer. If you wish, I can assist you in this case free of charge.\n\n If you wish, please contact me directly and without obligation. Click on the button next to this answer.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Good afternoon,\n \nHow unfortunate that your son was involved in an accident. I wish him a speedy recovery!\n\n Because it concerns an accident between a cyclist and a motorized vehicle (car), article 185 of the Road Traffic Act applies. Because your son is not yet 14 years old, the 100% rule laid down in this article applies.\n\n This rule boils down to the following: if the pedestrian or cyclist is not older than 13 years old at the time of the accident, the owner of the motorised vehicle is always liable, even if he or she is not at fault and the accident is entirely due to the pedestrian or cyclist.\n\n In short: the driver is liable for the accident. Therefore, it is not necessary to provide your policy number. If the driver were to file a claim on the third-party insurance, it would be rejected. Since you have not taken out a policy, you cannot provide this information either.\n \nI would therefore like to get in touch with you personally to discuss the situation thoroughly. As an advocate for victims of accidents, I can, as a lawyer, provide you with guaranteed free legal assistance and help you recover your costs and the damage you have suffered.\n\n Attention, understanding and communication are always my starting point.\n\n If you need this, please contact me. I will be happy to assist you.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nFrom your story I gather that your son participated in traffic as a cyclist and was the victim of an accident. A car was involved in this accident. Because your son, as a non-motorized road user, is considered a weak road user compared to the motorized road user, article 185 WVW applies. This means that your son, as a non-motorized road user, enjoys special protection when it comes to liability. If there is no force majeure on the part of the stronger road user, the weaker road user is in any case entitled to fifty percent compensation for the damage. The assessment of whether a higher percentage compensation can be obtained is based on article 6:101 BW and the question of whether there is contributory negligence on the part of the weaker road user. The burden of proof with regard to contributory negligence rests with the stronger road user and his\/her WAM insurer.\n \nBecause your son was thirteen years old at the time of the accident, the rule that follows from the Ingrid Kolkman ruling of the Supreme Court applies. This ruling states that children under the age of fourteen cannot be charged with their own fault. In other words: your son is entitled to full compensation for his damage.\n\n What about the damage suffered by the stronger road user? Article 185 WVW has a reflex effect. This means that the rule from the Ingrid Kolkman ruling also applies the other way around when the driver in your son's case wants to recover his damage. For that reason, you do not have to compensate the driver for his damage.\n\n Because your son has sustained injuries and a possible discussion with the driver may arise, I advise you to hire a lawyer who can assist you and your son in this. The costs for hiring a lawyer are eligible for reimbursement under article 6:96 section 2 BW.\n \nBy the way, you can also hire a lawyer. But I don't recommend that in this case. Because if the motorist decides to take legal action, you will also need a lawyer. Moreover, lawyers are bound by codes of conduct. Then you know for sure that nothing crazy can happen. Because lawyers are subject to disciplinary law.\n \nIf you do decide to hire a lawyer, you should definitely ask whether this lawyer is bound to a PIV scale. This is an agreement that some lawyers have concluded with insurers regarding the reimbursement of the costs incurred by the lawyer. This reimbursement is linked to the damage suffered by the victim. Because your son, as a minor, may have suffered minor financial damage in addition to the injury, this can be an incentive for the lawyer not to spend too much time on your son's case. You can prevent this by hiring a lawyer who specializes in personal injury. If you have any questions about liability, recoverable damages or how things work in the world of personal injury, please do not hesitate to contact me without any obligation.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55003945632093,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-68301-mijn-zoon-13-jr-heeft-een-aanrijding-gehad-en-heeft-daarbij-zijn-arm-gebroken-hij-zat-op-de-fiet","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}