From bike hire to expert opinion: Bikers have these rights in the event of a bike accident
Henri Lesewitz
· 07.12.2022
Everyone affected has the right to an independent chess expert. - Marc Gölz
BIKE: Do different rules apply to cars and bicycles when it comes to settling accident claims?
Marc Gölz: No, the road traffic regulations apply. Cyclists have the same rights and obligations as car drivers. If a road user is involved in an accident through no fault of their own, they can have a neutral expert report drawn up and seek legal advice. This is paid for by the insurance company of the person responsible for the accident. This applies to car drivers as well as cyclists.
What should I look out for if I am involved in a cycling accident?
If there is no physical damage to be treated, it makes sense to immediately take pictures of the accident site and the damage to the bike with your mobile phone to preserve evidence. Of course, contact details should be exchanged with the other party involved in the accident. If the accident is more serious, an emergency call must be made in any case. An expert opinion is recommended for the settlement of the damage to the bike. We do this at Dekra, for example. The expert opinion can easily be ordered by calling 0800 333 333 3. The costs are borne by the insurance company responsible for settling the claim.
If I am the person who caused the damage: Which insurance company will compensate my damage?
It depends on the insurance. There are now bicycle insurance policies, i.e. a type of comprehensive cover for bicycles, from numerous providers.
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Many damages are not recognisable at first glance. Especially with carbon components. Even a trained bike mechanic cannot really recognise structural damage in carbon. Do I always have the right to have a professional expert assess the bike? Even if the bike looks OK?
Yes, I very much hope that you turn to a professional if you are involved in a road accident through no fault of your own. Everyone involved has the right to an independent chess expert. They have the experience and equipment to analyse a frame or bike components in their own materials laboratory, so to speak. Cracks can be discovered in the process. However, it can also be established that the frame or component has no damage and is therefore fit for use.
How do I proceed if I want to have my bike fully checked to be on the safe side, even if there is no superficial damage?
This should be discussed with the expert. The traces of the fall and the course of events can provide information about the load on the components. If there is a risk that components could be damaged, a thermography or computer tomography scan will be arranged.
Does a component's warranty expire after an accident?
No, the manufacturer's warranty does not usually expire after an accident. It can be cancelled if the bike has been improperly repaired. A major issue here is the repainting of components, for example. For some manufacturers, this voids the warranty. This information is available to the expert when preparing the expert opinion.
What about the issue of depreciation? Does a bike count as an accident bike after an officially recorded accident, even if it has not suffered any real damage? Is it worth less afterwards?
This is a very specialised and complex issue that must be discussed with the expert on a case-by-case basis. It is not possible to make a generalised statement on this. The issue of hire bikes also falls into this area. Are you entitled to a replacement bike during the repair or not? This usually needs to be discussed if the bike is used as your main means of transport. Finally, something that is very close to my heart because I am a biker myself. There are more and more bikers on the road. This also increases the risk of accidents:
If we all show consideration for others, we remove a huge potential danger.
