More and more e-bikes are on the road and as a result the number of accidents with e-bikes is increasing. Added to this are the relatively high speeds, which unfortunately even inexperienced cyclists can achieve with a privilege, and lead to a very considerable risk of accidents. In addition, in accidents with bicycles (regardless of whether they are electrical or mechanical), in contrast to cars, there are much more and higher costs due to more frequent physical injuries in the case of bicycle damage. In contrast, the insurance situation for those involved in an accident is extremely unsatisfactory.
Which insurance covers the damage to or caused by the e-bike depends on whether the rider of the e-bike caused the accident or just involved. Claims for damages in the event of injuries are assessed accordingly.
Another assessment criterion is the question of whether the cyclist was responsible for the accident through negligence, gross negligence or willfully.
Accident between an e-bike and a car.
If the driver of an e-bike is involved in a real car accident, in most cases the driver is assigned the main cause because the car poses the no-fault operating risk. In the case of normal negligent behavior, the cyclist is only awarded partial blame. The car’s operational risk is only eliminated if the cyclist intentionally caused the accident.
In this case, who bears the damage to the e-bike?
If the motorist is the main culprit for the accident in terms of the liability quota due to his behavior and the operational risk posed by his vehicle, his motor vehicle liability insurance will cover the damage to the e-bike. If, however, the driver of the e-bike is deemed to be partially at fault for the accident due to his behavior in traffic, the costs will be proportionate.
Example:
Damage to the cyclist: € 2,000 property damage, € 4,000 loss of earnings due to injury, € 1,000 compensation for pain and suffering, recourse claim from the cyclist’s health insurance company € 10,000.
If the court sets a liability quota for the cyclist of 25%, the cyclist receives only 75% of all the above items, i.e. 1500 € for damage to property, 3000 € for loss of earnings, 750 € for pain and suffering and the health insurance company receives 7500 € of recourse.
A cyclist is awarded partial blame if it is proven that he has committed a driving error. If the cyclist has committed an administrative offense, ie, for example, has made a phone call with his mobile phone or has listened to music while driving, his complicity in the accident is presumed.
The contribution continues.
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