Cyclists are extra vulnerable in traffic and are therefore legally protected. In the event of a collision with a car in Rijswijk, as a cyclist you often have the right to compensation.
Legal Protection for Cyclists
According to article 185 of the Road Traffic Act, cyclists enjoy special protection:
- The motorist is generally liable in a collision with a cyclist.
- This liability only lapses in the event of proven force majeure on the part of the motorist.
- Force majeure is almost never recognised by the court.
Rules for Compensation: 50% and 100%
| Age of Cyclist | Guaranteed Compensation |
|---|---|
| 14 years or older | At least 50% of the damage |
| Under 14 years | Full compensation (except in case of intent) |
The 10-50% rule still applies, even if the cyclist is partly at fault, unless there is intentional or extremely reckless behaviour.
Partial Fault as a Cyclist
If you as a cyclist are partly responsible for the accident, the compensation above 50% may be reduced. Examples of own fault include:
- Cycling through a red light.
- Failing to yield right of way.
- Crossing the road unexpectedly.
- Cycling without lights in the dark.
- Being distracted by your phone.
Collision with Another Cyclist
In the event of an accident between two cyclists, no extra protection applies. The standard rules for liability are applied and fault is assessed on a case-by-case basis.
E-bikes and Speed Pedelecs in Rijswijk
Regular e-bikes (max. 25 km/h) fall under the same rules as bicycles. Speed pedelecs (max. 45 km/h), however, are regarded as mopeds and do not receive the same legal protection.
What Damage Can You Claim?
As a cyclist in Rijswijk, you can submit various damage items, such as costs for medical care, lost income, help in the house, and non-pecuniary loss for pain and suffering.
What if the motorist drives off after the accident?
You can appeal to the Motor Vehicle Guarantee Fund. Report to the police immediately and collect as much information as possible about the car and driver.Is a helmet mandatory for cyclists in the Netherlands?
No, a helmet is not mandatory. However, in the event of head injury, not wearing a helmet may affect liability and own fault. This is assessed individually.What if I am hit by an opening car door?
This is called 'dooring'. The motorist who opens the door without looking is liable. The 50% rule for compensation also applies here.Frequently Asked Questions about Personal Injury in Rijswijk
What should I do immediately after a collision?
Call 112 if injured. Take photos of the situation, damage and licence plate. Note details of the driver and any witnesses. Report to the police, even for minor damage. Keep receipts for medical costs and repairs. Contact a personal injury lawyer in Rijswijk for help.
How does the 50% rule work in case of own fault?
Even in case of own fault (e.g. running a red light), as a cyclist you receive at least 50% of the damage compensated. The motorist remains liable for the rest, unless there is intent or gross negligence. For damage of €10,000, you thus receive at least €5,000, even with high own fault.
Can I claim non-pecuniary loss after an accident?
Yes, you are entitled to non-pecuniary loss for pain, emotional damage and permanent limitations. The amount depends on the severity of the injury and the impact. A lawyer can help substantiate it using medical records.
What if the motorist is uninsured or flees?
You can file a claim with the Motor Vehicle Guarantee Fund. Report to the police and collect evidence (licence plate, witnesses). The fund compensates damage if the motorist's liability is established. A lawyer can assist with this.
Do the same rules apply to e-bikes and speed pedelecs?
E-bikes up to 25 km/h fall under the bicycle rules and receive protection. Speed pedelecs up to 45 km/h are regarded as mopeds and fall outside article 185 of the Road Traffic Act. Fault must then be proven.
How long does compensation take?
This varies per case. For minor damage, it may take a few months, but for complex injuries often longer. Contact the Legal Counter Rijswijk or a lawyer for guidance.