General Discussion - Default insurance liability

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Default insurance liability

Printed From: BHPC Forum
Category: European Human Powered Vehicle Association
Forum Name: General Discussion
Forum Description: For discussion of general EHPVA topics
URL: http://forum.bhpc.org.uk/forum_posts.asp?TID=7213
Printed Date: 28 June 2022 at 10:43pm
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Topic: Default insurance liability

Posted By: atlas_shrugged
Subject: Default insurance liability
Date Posted: 08 April 2021 at 9:45pm

One possible subject for the next magazine is Default Liability for vulnerable road users

This is the common system in most of Europe. The UK however is still in the dark ages and the poor victim has to go to a lot of trouble and money to get compensation from the guilty motor vehicle driver who caused the crash.

What are the different systems in Europe and what evidence do they have that default liability works to make drivers more careful and cause less accidents.

Replies:

Posted By: AlanGoodman
Date Posted: 08 April 2021 at 10:26pm

Good point Brian!

There is a (Zoom) meeting of the EUHPVA next week - May be worth discussing there. Are you taking part in that?

Hope to see you there!

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Posted By: Woolly Hat
Date Posted: 09 April 2021 at 8:38am

Interesting subject Brian, I'd be interested to read that article! It seems a good principle but there is already a lot of animosity towards cyclists and pedestrians from motorists, could this system make the haters and antagonistic riders worse? Have they avoided that issue in Europe and how did they do it?

Colin

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Ross Low Racer 77 - beware of unexpected changes of direction

Posted By: atlas_shrugged
Date Posted: 10 April 2021 at 6:54pm

I will raise the subject in the next zoom meeting under any other business. I don't want to actually discuss the item at the meeting just to request info from the separate countries for a contribution to the EHPV magazine.

@Woolly Hat understood about not raising the anti with motorists. I think the Covid-cycleways have done that a bit too much.

Posted By: marc
Date Posted: 17 April 2021 at 11:10pm

From the official french government pages:

If, as a cyclist, you are injured in an accident involving a motor vehicle (car, lorry, bus, motorcycle, mopped...) you will be compensated by the insurer of the person responsible for the accident.

This compensation covers your bodily injury in full, unless you have committed an inexcusable fault (wilful misconduct of an exceptionally serious nature, which exposes the perpetrator, without good reason, to a danger of which he should have been aware).

Your property damage will only be compensated according to the circumstances of the accident.

If there is no one responsible for the accident, the coverage of your damages will depend on your personal insurance.

You can take out individual accident insurance which can provide for:
- daily allowances in case of work stoppage,
- reimbursement of medical expenses,
- and payment of a lump sum in the event of disability or death.

Hope this helps

Marc

Posted By: atlas_shrugged
Date Posted: 19 April 2021 at 8:37pm

Hi Marc

Merci - that is great information. Just what was wanted.

Amitiés

Posted By: atlas_shrugged
Date Posted: 24 November 2021 at 5:10pm

Settlement of injury claims in the Netherlands

For accidents in which injury or death is caused by a motorised vehicle and the victim is not a participant of motorised traffic ( i.e. pedestrian or cyclist) the liability is strict unless the driver of the motorised vehicle concerned can prove that he is not in any way to blame for the accident. This excuse is almost entirely restricted to proven willful misconduct of the pedestrian or cyclist and is not accepted at all when the injured party is younger than 14 years of age.

Attributable negligence or guilt of the injured party can reduce the liability. For instance when a cyclist or pedestrian ignores a traffic light liability can be reduced to up to 50 %. Passengers of drinking drivers can - under circumstances - be attributed co-responsibility of 30 - 50 % and - most common - not wearing a compulsory seat belt reduces the right for compensation with 25 - 40 % depending on the character of the injuries sustained.......

.....All legitimate claimants can exercise their rights directly against the insurance company of the liable motorist. Damage incurred because of an accident with an unidentified motor vehicle can be claimed with a Guarantee Fund. This fund is sustained by a levy on all motor insurers according to their market share.

https://mobikefed.org/2015/01/how-european-countries-handle-bicycle-pedestrian-insurance-and-liability-issues

article 185 of the Wegenverkeerswet (Road Law)

art. 185 WVW

https://bicycledutch.wordpress.com/2013/02/21/strict-liability-in-the-netherlands/