Question from a reader:
In an accident between bicycles, the fault ratio is 3:7 (other party: myself). I have sustained injuries requiring three months of recovery, including hospitalization, while the other party is uninjured. In this case, should I treat it as a personal injury accident or a property damage accident? I would appreciate your reasoning as well.

Bicycle Accidents: Should
It Be Treated as a Personal Injury or Property Damage Accident?

Introduction

Hello everyone. Today, I want to discuss a somewhat serious topic: accidents between bicycles. I love riding my bike and do so almost every day, but I’ve been hearing a lot of news lately about the increase in bicycle accidents. When an accident occurs, the joy of cycling can quickly disappear. Especially when injuries are involved or when there are disputes with the other party, it can be mentally challenging. Now, today’s question is about whether to treat an accident between bicycles, where the fault ratio is 3:7 (other party: myself), as a personal injury accident or a property damage accident. This is quite a difficult choice. I have thought about this topic, and I would like to delve deeper into it together with you.

Organizing the Accident Situation

First, let’s organize the situation of the accident. A fault ratio of 3:7 means that the other party has 30% of the fault, while you have 70%. In this case, you have sustained injuries that require three months of recovery. The fact that the other party is uninjured is also an important point. How to handle a bicycle accident in such a situation depends on several factors. Of course, you must consider the severity of your injuries, medical expenses, and other damages as well.

Differences Between Personal Injury and Property Damage Accidents

Next, let’s consider the differences between personal injury accidents and property damage accidents. – Personal Injury Accident: This applies when a person has sustained injuries. There is a higher likelihood of claiming medical expenses and compensation for damages, and the responsibility for the accident is treated more strictly. Additionally, if the other party has significant fault, the amount of compensation may be higher. – Property Damage Accident: This applies when there is damage to property. Repair costs for the property can be claimed, and if there are no injuries, it is often resolved through discussions with the other party. In your case, since you have injuries, it is generally treated as a personal injury accident. However, considering the fault ratio of 70%, careful consideration is necessary.

Benefits of Treating It as a Personal Injury Accident

First, let’s outline the benefits of treating it as a personal injury accident. 1. Claiming Medical Expenses: If processed as a personal injury accident, you can claim medical expenses from the other party’s insurance. Given that you have injuries requiring three months of recovery, the medical costs will be considerable. 2. Claiming Compensation for Damages: In the case of a personal injury accident, you can claim compensation for time lost due to hospitalization or medical visits. 3. Insurance Coverage: If the other party has bicycle insurance, it becomes easier to receive compensation from their insurance. 4. Consideration of Fault Ratio: Since the other party has some fault, it is important to pursue responsibility. With a fault ratio of 70%, you have the right to seek compensation for the damages you incur.

Benefits of Treating It as a Property Damage Accident

Next, let’s consider the benefits of treating it as a property damage accident. 1. Simplicity of Procedures: Property damage accidents usually have simpler procedures. If you can resolve it through discussions with the other party, it may conclude quickly. 2. Reduced Mental Burden: In personal injury accidents, there is often more communication with insurance companies and the police, which can increase mental stress. If treated as a property damage accident, negotiating directly with the other party can reduce stress. 3. Time Savings: In property damage accidents, there is usually less need for lawsuits or long-term negotiations, saving time. 4. Relationship with the Other Party: If you want to avoid worsening your relationship with the other party after the accident, treating it as a property damage accident may lead to a more amicable resolution.

Which Should You Choose?

Now, based on the information so far, let’s consider which option to choose. Sustaining injuries that require three months of recovery is a significant fact that cannot be ignored. The fact that the other party is uninjured also affects your mental stress. The 70% fault ratio indicates that you are not solely responsible. In my personal opinion, I recommend processing it as a personal injury accident first. This directly relates to your health and life, and since you have the right to claim medical expenses and compensation, it is important to exercise that right. Especially given that you have sustained injuries requiring three months of recovery, I feel you should make a choice that protects yourself. However, if you have concerns about damaging your relationship with the other party, proceeding as a property damage accident is also an option. Everyone has their own circumstances, so ultimately, it is important to consider what you want to do.

In Conclusion

Bicycle accidents can happen to anyone. For those of us who use bicycles regularly, it is not just someone else’s problem. When involved in an accident, it is crucial to take care of your body and mind while handling the situation appropriately. The choice between treating it as a personal injury or property damage accident is a very difficult decision, but to protect your health and life, it is necessary to gather information and think calmly. If possible, consulting a lawyer might also be a good option. I sincerely hope that you can enjoy cycling again in good health in the future. Please be careful of accidents and have a wonderful cycling life!