All motorized vehicles, including mopeds and motorcycles, have a mandatory liability insurance. A bill was initiated in which the age restriction would be scrapped and the under 14 regulations would extend to non-motorised road users from the age of 14. . 
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK289, When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.. And why exclude passengers from claiming against their driver under strict liability? Even if the car is stolen, the owner is still legally liable for any damage caused by it. . A pretty small price to pay for safety, right? Is this correct? This law only regulates who (or more correctly: whose insurance company) pays for damage after an unintentional accident. This might involve providing medical records and bills tied to the collision. Paul, in fact we have the same provisions in our insurance legislation, just that it is little-known.
And nowadays you also can get fined for just holding your cellphone in your hand. In case a pedestrian steps into the cycle path without looking it seems reasonable that that would be the fault of that pedestrian. I admit that I believed the motorists always at fault part of the myth because I hadnt been told otherwise, until now. As at 2014, the provisions have been interpreted by the Court of Appeal to apply to pedestrians, but not yet cyclists. | Mr Happy Cyclist's Site, The finished F50 cycle route from Oss to Uden, A new bicycle tunnel finishes the F50 fast cycle route from Oss to Uden, Extra Post: Relaxed cycling on a Saturday afternoon. For example, in the case of a cyclist who entered the opposite lane and crashed into an oncoming car, the court of Neuburg an der Donau in Germany refused the motorists demand for 100% damages and established a 3/4 liability to the cyclist and 1/4 to the motorist. Most personal injury claims revolve around the legal concept of negligence, which consists of four crucial elements. When art. I appreciate all information what you can give. A driver can violate their duty of care in several ways, some of which are more obvious than others. Many thanks, Kelli. There are a number of (false) assumptions that lead to such an assertion. In such cases, the Officier van Justitie will give permission for the cremation or burial. I have just been fined while riding a bike and my mobile phone was at my hand, it cost me 145 euros? If you hold a mobile device in your hand while operating a vehicle, you can be fined. I got fined for cycling the wrong way down a one-way bike path (at the time I didnt even such things existed). What Im asking is, does the liability cover only the damage to the cyclists bicycle and equipment or does it cover injuries to the person as well? A bike wreck attorney in Holland can offer further clarification about the options you have for recovery in your situation. As I will explain later, this is not the case, and that already takes away the largest part of the base of the assertion. For legal advice, you need a Dutch lawyer. You ride a bike, not drive! Despite the traffic laws intended to keep drivers and cyclists safe, motorists do not always drive as carefully as they should. I also note the limitations on who is protected. If that road user was indeed at fault, the driver is still liable for 50% of the damage. Finally, a thread which runs through so many discussions of this type is whether it will promote cycling or not. Again, I cant say for certain if I was at fault or he was, I thought I had my bases covered but apparently not. After a short fragment of a news broadcast, they used exaggeration to make fun of people who believed that the law would lead to reckless behaviour of cyclists. Reproduced with Permission. A protection that is lost when it can be proved the non-motorised road user caused the damage on purpose, or his/her behaviour was so careless, that it can be seen as recklessness verging on intent.
All rights reserved. The family is usually asked to identify the body. Mostly, if you ensure you have good lights, and follow the general traffic rules, you should be fine. Thirdly, it is extremely unlikely that people will cycle more because they know their damage will be financially compensated in case they are involved in an accident.
If you were harmed in a cycling collision, reach out to a Holland bicycle accident lawyer today. In the event of an accident in which someone is injured or killed: Note: Leaving the scene of an accident without providing this information is considered an offence. Unintentional accidents will always happen, simply because people are not flawless. This isnt strict liability. Is this included in the amount payable from the motorists insurer or is it paid for by the state? Its like with disease: its good to know there is a cure for an illness, but youd rather not get sick in the first place. Great forum and thank you for this guidance, I will now drive even more cautious and respectful for cyclists. For the latter, the severity of the damage to the non-motorised road user is very important. I am confused. Fiona, just saw your post about there being similar strict liability provisions in insurance legislation that is not widely known. If you get mail from his legal advisor dont answer it. In that respect it is telling that this law was implemented in the early 1990s: when cycling had been on the rise again for at least two decades. I cannot explicitly assign the fault to either party I remember looking both ways, it seemed like it was clear to cross a two-way road, then next thing I know his car was about to slam into my left side. Should a fatality occur in an accident, the deceased will be taken to a mortuary. In the event of an accident, all parties complete and sign the form at the scene. In principle, however, you could be fined for the following: Texting while cycling might be a more recent addition to the list of infractions you can commit while cycling in the Netherlands, however, its far from a rare occurrence. -I believe it is illegal to operate any vehicle with both(2) headphone buds! Besides writing she enjoys playing football, re-watching Greys Anatomy for the 10th time, drinking copious amounts of tea and has recently started trying to brew her own wine and beer well see how it goes. This is only possible for road users from the age of 14. But if they do, at least youll know who to counterclaim against for a new arm! NSW has blameless accident provisions in the Motor Accidents Compensation Act 1999 (if an accident is considered blameless, the insured driver is deemed at fault and liable to pay damages). Contact the police and call an ambulance if necessary: The police will make an official report describing the details of the accident and take note of the personal details of all people involved, including registration numbers and insurance information. Dutch law makers considered this to be reasonable, because the non-motorised road user usually suffers more and more severe damage. Pingback: Extreme straw men and reductionist thinking? The weather gods have blessed us with some clear and welcoming skies for the next few days. Tik tok on fatalities . . It seems even more protective of non-motor vehicle road users than the Dutch version, because it does protect third parties. But if you live in a country like the UK that has very low cycling rates and poorly connected and separated infrastructure, wouldnt it be useful to have the antidote while the vaccine is being developed (which is going to take a very long time)? That warrants this extra legal protection. Motorists pay 350 Euros + 9 Euros administration costs. That would have led to a strict liability as many perceive it is: the driver would always be liable. If you would like to support my work for this site you could decide to donate any amount you can spare. I am curious about this. If a judge considers it reasonable, the liability for the driver may be increased from the minimum of 50% to a higher percentage, sometimes even to the full 100%. Copies are then sent to all claimants insurers for assessment. Save my name, email, and website in this browser for the next time I comment. Was it fair? People will only cycle more when first and foremost they feel it is very unlikely that they will be involved in an accident at all. The cyclist in this case has to pay 75% of the TOTAL damages and the motorist 25%. You can get an 85 fine for running a red light, a 45 fine for driving on the bus lane, and a 30 fine for driving on a road where bikes arent allowed.
Total nonsense of course! All material on this website (DutchReview) is strictly copyright and all rights reserved. If you are riding a bike, it is crucial to wear a helmet, follow traffic laws, and be aware of your surroundings. This may be used as evidence. It is usually described by the general public (as a driver you are liable when you crash into a cyclist), or referred to by the article number and the name of the law: Article 185 of the Road Law (by legal professionals). How did the Netherlands become the first country without stray dogs? So when is article 185 of the Wegenverkeerswet (Road Law) applicable? I also note the limitations on who is protected. This video shows a parody made in 1997 when there were plans to extend the law regulating who is liable for financial damages after a crash. All parties involved must exchange details: Name and address of all the people involved in the accident, All parties involved in the accident complete and sign a claim form. Even if they were at fault, because they cannot be held fully accountable for their actions yet. Frankly, I dont give a monkeys whether it does or it doesnt, it is a gross injustice, perpretated in only five out of 27 EU countries, of which four have the UK common law system of law and the other is Romania, to force someone who has suffered life-changing injuries to fight tooth and nail over several years to get compensation which will permit them to function, although not in the way they would have done if they had not been injured in the first place. All in all it is safe to say that Strict Liability does in a way protect cyclists and pedestrians, but it tries to be a fair answer to the inequity in the consequences of a crash. If there is fault on the part of the non-motorised road user, a judge will have to consider in how far the different parties in the incident did contribute to the damage (share in fault), and also if there are specific circumstances that should in all reasonability have significance to the determination of the share in fault (correcting for reasonability). These claims are submitted to the representative of the foreign insurer in the victim's country.
A copy of the accident report can be requested by writing; mention the time and place (municipality) where the accident took place and include relevant vehicle registration numbers. But first, Sunny-side up, Dutchies! The first being that drivers are always at fault when they are in a collision with a cyclist, regardless of how the cyclist behaved. the question is: can i sue this guy/girl? Here in Ontario we have a similar Strict Liability law. P.S. And considering all safety features a motorist bought in his vehicle, that is what a motorist should be able to do.
The article is not applicable when there is damage to goods or people transported in the motor vehicle, when there is damage to other motor vehicles, or when one or more stray animals are involved. So we come back to the blame game and it must surely be inevitable that the driver will be dragged into this, on the basis that it must surely be someone else fault so if it isnt the plaintiffs.
my mum) could not corroborate drivers version of events and teenager was in hospital for some time. Next time youre coming home after drinking, consider walking your bike instead. The larger that damage (especially injuries) the more likely the liability will shift to the driver. they told me that i cannot receive first aid cause i dont have a house doctor( i m an expat here and i didnt know that i have to register to a doctor, i thought that the european health insurance card was just enough). The beauty of strict liability is that blame becomes irrelevant, and no-one needs to feel humiliated or embarrassed about the claim or its outcome. Pro tip: Dont put the little lights you buy in the flickering light function!
document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. the fact is that i didnt have those 250 euros to pay for the first aid, and above that, i didnt want to pay for it, as far as it was not my fault. I think its worthwhile emphasizing that this law affects only civil damages, and has nothing to do with criminal fault. A good strict or proportionate liability rule would also protect drivers of small cars against the errors or big trucks, in other words in any case where one person is significantly more vulnerable than the other. To avoid this potential stumbling block in your cycling accident case, it is best to get legal help from a skilled lawyer. Still, you must prove that you suffered compensable damages due to the accident.
To remain protected against the Coronavirus, everyone aged 12 and up will have the option to get another COVID-19 vaccination this fall. If the party responsible for the damage is uninsured or unknown, the claim can be submitted to the Road Traffic Guarantee Fund (Waarborgfonds Motorverkeer). It is just a reverse onus. CPAP, Bi-Level PAP & Mechanical Ventilator. That is not true. Please dont ride a bike while wearing earphones. Hi David, I just happened to cross your message while looking for some information regarding this Dutch Act. For example suddenly crossing a 50km/h main street without any signalling first or waiting for cars to pass? In the end theyll back off because they know they cant win in court. This levels the playing ground, in case of an accident, the two insurance companies will search for a quick split of costs based on a rough estimation of fault, trying to avoid a lengthy and costly court-case. I have a ALS (C9ORF72) and condition deteriorating. Especially these new e mopeds silent and doing 25mph almost been hit a couple of times. The insurance agent will provide a European Claim Form, which should be kept in the car. This little bike adventure cost me a nice lump sum of 145. Threatening to fine is great, but if there arent enough police around to enforce the laws its pointless. Want your business to reach an unrivalled expat and international audience? So, make sure youre familiar with the law before jumping on your favourite two-wheeler. The website may provide links to other websites on the Internet, the content of which is not in our control. 2019 All Rights Reserved. The most essential element of negligence is the existence of a duty of care. If it doesnt get you a fine already, it really should, for pretty obvious reasons. She moved back to Utrecht to study and is so far doing a terrible job getting back in touch with Dutch culture. While it may seem like cyclists in the Netherlands think theyre above traffic rules, on paper at least, theyre not. I got stopped in Groningen for cycling the wrong way on a one way street. Beyond this, not indicating direction can land you a 35 fine. Certainly you see significant casualty rates among bikers, especially in countries where, due presumably to climate, motos remain more popular than they do in northern Europe. Plug in those earphones? When the law change was under consideration two comedians in the Netherlands made a funny parody. Failing to give way or jumping a red light (deliberately or by mistake) are not such unlikely events, they happen regularly, so drivers are not granted circumstances beyond control very often. Learn how your comment data is processed.
If a pedestrian is injured after stepping into a cycle path, who is at fault? With one exception: in case of intent, similar to that of people of 14 years or older, then the parents or legal guardians are liable for the damage. TOTAL is important here, as damage to the car could be a few scratches and to the cyclist lifelong disability.
He most likely has legal insurance and will try get around being liable because it does not cost him anything anyway. There has to be a traffic incident on the public road, involving a (driving) motor vehicle and a road user who is not using a motor vehicle. When someone drives recklessly, it puts everyone on the road at risk, especially cyclists. If you retain a get-out for the vulnerable partys fault, an insurance company is quite likely to argue ruthlessly and loudly that the blame lies not with their insured but the other party, because that is how they avoid paying out the claim and we all know that insurance companies love collecting premiums but hate paying out claims. In the UK, with presumed non-liability for motoring, the insurer would be quite foolhardy to pursue a cyclist for such a loss. I am new Expat in NL and a car driver. Forget today's Wall Street traders doing sneaky insider trading back in the 60s, Dutch exporters had a simple trick You have entered an incorrect email address! But this proposed law change did not make it. Also it attributes that a cyclist (most probably) attributes less impact (joules) to an accident than a motorist, both via weight and via speed, but will (most probably) receive most damage from the same impact.
The Netherlands is often called a cycling paradise. Sad to say, being hit with enough force to crack a laminated glass motor car window (assuming he is telling the truth) has likely done some damage to you even if it does not become evident until much laterhope it is nothing too serious. This one is a little more than self-evident. Or there used to be, I havent noticed them lately. Two points: (Although the risk of getting your bike stolen should be reason enough. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Editors Note: This article was originally published in June 2020, and was fully updated in May 2022 for your reading pleasure. On the bright side (as the officer who fined me also ironically said), bike lights are only like 4 or 5 at the HEMA. If there is disagreement and the form cannot be signed by all involved, the police can be asked to intervene, The names and addresses of any witnesses should also be mentioned, as well as information on the facts of the accident, If possible, take a photograph of the scene of the accident. I also got a 90 fine for not carrying my ID, which I left at home for the day, together with my wallet. This is a mistake I see sometimes. Just because a motorists negligence contributed to your injuries does not automatically make that driver fully liable for your damages. You can lose it for a d.u.I. I am not surprised to note that provisions remain for fault to be attributed to the vulnerable party, because that does remain possible even if, in the UK context at least, it is the less likely explanation. It is a myth that is really only believed outside the Netherlands: Because there is strict liability in the Netherlands, drivers are more cautious around cyclists, and that leads to more cycling some even take this a step further adding and because we dont have strict liability, well never have such levels of cycling.. Have you ever been fined while cycling in the Netherlands? In case of an accident, theyll find themselves against an insurance company with nearly unlimited resources, trying to avoid the claim. it s really frustrating cause i m in pain right now and i cannot do anything about it because i dont have the money to go today to the hospital. I was cycling through the streets of Utrecht one evening when I was suddenly flagged down by the police. The European claim form may be used and signed by all, Taking photographs or drawing a sketch of the scene is advisable. Yes, it was fair. In a collision between a car and a bicycle, the cyclist is much more likely to suffer severe injuries. By designing a traffic environment that is safer for all road users. when i got back home, i realized that my knee was bloated and sore and i decided to go to sint lukas andreas hospital, which is just across the street. Being inside the box instead of outside I dare say they are less vulnerable, but we hear of so many cases where passengers are killed or seriously injured due to getting into a car with a reckless driver. Are you able to provide more details so I can look it up. Also, dont cycle on the sidewalk: 55 In fact, defendants in these sorts of claims often try to pin the blame for the incident on the party seeking restitution. Tot straks , Who thought it was a good idea to allow mopeds and these fat boy ebikes on the cycle paths ? No, this law really only works between one motor vehicle user and one non-motorised road user. Before I knew what was happening BAM, a fine of 55 for not having bike lights. I am not talking about pedestrian crossing, I am talking about at any point on the main street. The baseline is: follow the traffic signs and you should be fine. Theres a scarily long list of fines that you can get for a badly maintained bike. Unfortunately there is no law that can change that fact. This law tries to accomodate a fair outcome to this inequality.
Every country has different rules in this regard, as a foreigner just need to familiarize yourself with them and adhere. Luckily, Google Maps has a speaker function so listen closely to directions through your earphones and let Maps guide you verbally. Besides circumstances beyond control the driver can also argue the non-motorised road user was at fault. On this day in 1963 Dutch exporters became millionaires overnight (thanks to some clever foresight), New round of COVID-19 shots from mid-September, Sunshine incoming! Write to: If the police do not attend the scene of the accident, those involved must collect the names and addresses of all relevant parties and witnesses. All licensed drivers in Holland owe a duty of care to those around them while operating a motor vehicle. They even went so far as to suggest that people would give up driving all together under such circumstances. Loving van Kooten & de Bie. Its safe to say Generally speaking, the Netherlands is super international but now, international students verge on comprising half of all students in Dutch universities. | , Extreme straw men and reductionist thinking. Just know, that in every legal case, the devil is in the details. I will use the money to pay for travel costs and other expenses I have to make to create my articles and videos. I am neither, but if it were me, Id tell him no thank you, please proceed with paperwork. If youve ever cycled in the Netherlands youve seen people sticking their arms out when changing direction on a bike. on fietsen! So in Ontario if the driver can prove that they were not negligent then they are not liable. Miraculously the only injury I sustained is a bruised arm (and my bike not even a scratch), but the driver messaged me and asked me to pay for replacing his windshield (which was cracked as a result) and avoid paperwork. , READ MORE | Dos and donts of riding a bicycle in the Netherlands, To ensure that your biking trip doesnt become as unnecessarily expensive as mine heres a basic guide to Dutch fines while cycling. Is many different hospitals or only one? The United Kingdom Government launches 50 new road safety measures, deflecting the will of the people Arcynewsy, Netherlands 18: The route to Enkhuizen Just Step Sideways, Se ciclista e pedone hanno sempre ragione, diminuiscono gli incidenti | Benzina Zero, Our reply to feedback on cycling routes for all ages and abilities IrishCycle.com, Stop Transportation Victim Blaming And Design Our Roads For The Results We Want | SLOW STREETS, The Liability Myth | The Alternative Department for Transport, Is it really 20 times more dangerous? Ive been living here for several years now and find it extraordinary how careless cyclists actually are. I like to know where to go. While it may sometimes seem extravagant, it is actually very handy to avoid accidents. If you have found material on this website which is copyrighted by others, please contact the webmaster on this matter in order to have it removed.
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