Question from a reader:
A few days ago, I was involved in an accident between a car and a bicycle. I was riding my bicycle, and my injuries are just bruises and contusions. I’m considering going to the hospital. According to the police, it has been confirmed through the dashcam footage that both parties ran a red light. Initially, it was
processed as a property damage accident, but I’m worried that I might not receive any medical expenses, and I’m contemplating switching it to a personal injury accident. When I consulted the police, I was told that if I switch to a personal injury accident, I would also face penalties. I’m curious about what specific penalties there are, and whether the other party would cover medical expenses in a property damage accident. If anyone has detailed knowledge, please let me know.

Legal Perspectives and Psychological Aspects of Bicycle and Car Accidents

Recently, I’ve been hearing many stories about people getting into accidents while riding bicycles. In particular, collisions with vehicles are extremely dangerous and carry a high risk of injury. This time, I would like to consider the legal issues that arise when an accident occurs, especially the differences between personal injury and property damage accidents, as well as the payment of medical expenses.

Overview of the Accident and Initial Actions

The person involved in the accident was riding a bicycle, and it was confirmed through dashcam footage that both parties ran a red light. In such situations, how the police handle the accident is very important. Initially processed as a property damage accident, the dilemma arises when considering whether it can be switched to a personal injury accident for subsequent medical treatment. I myself have previously experienced a collision between a bicycle and a car. Fortunately, it did not escalate into a serious matter, but I remember struggling quite a bit with the procedures following the accident. How the other party reacts is also crucial, and particularly, insurance issues can be a source of stress.

Differences Between Property Damage and Personal Injury Accidents

A property damage accident refers to an accident where no direct physical injury has occurred. Essentially, only issues related to the damage to the vehicle or bicycle are addressed, making it highly likely that medical expenses will not be covered. On the other hand, a personal injury accident applies when a person riding a bicycle or in a vehicle is injured. In this case, there is a higher likelihood that medical expenses will be paid by the insurance company. However, as you mentioned, switching to a personal injury accident may result in penalties for the other party as well. This is because when both parties have run a red light, the responsibility becomes ambiguous. The reason you were told by the police that you would also face penalties is due to this circumstance.

Specific Considerations Regarding Penalties

Specifically, the penalties that may apply include traffic violations for running a red light. Running a red light can result in points being added to your driving record and fines being imposed. Additionally, depending on the circumstances of the accident, more severe penalties may be applied. Especially when both parties share responsibility for the accident, the issue of the percentage of negligence arises, leading to both parties bearing some responsibility. Therefore, if the accident is treated as a personal injury accident, careful consideration is necessary. If legal advice is needed, it is advisable to consult a judicial scrivener or lawyer.

Considerations Regarding Payment of Medical Expenses

Even if it is processed as a property damage accident, it is natural to consider going to the hospital if you are actually injured. Whether medical expenses will be covered by the other party is a very important point, but if it is handled as a property damage accident, it is generally unlikely that medical expenses will be paid from the other party’s insurance. However, if the other party has voluntary insurance, it is possible that medical expenses may be covered by that insurance. Nevertheless, even in that case, the other party must acknowledge responsibility for the accident, so discrepancies in opinions may arise. To avoid such troubles, it is important to keep thorough records after the accident.

The Psychological Impact of Accidents

Now that we have considered the legal perspective, we must not forget the psychological impact. Immediately after an accident, it is common to experience shock both physically and mentally. Particularly if pain and anxiety persist, psychological stress can increase. When considering going to the hospital, worries about treatment and the impact on future life may also arise. I myself have experienced a growing fear of riding a bicycle. It is natural to become afraid of riding a bicycle after an accident. To alleviate such anxiety, seeking the opinions of professionals can be effective. Considering support that includes mental care is important after an accident.

Conclusion

Bicycle and car accidents can leave not only physical damage but also emotional scars. From a legal standpoint, it is essential to carefully consider the differences between property damage and personal injury accidents, as well as the penalties involved. Regarding the payment of medical expenses, it is crucial to verify details based on the presence of the other party’s insurance and the percentage of negligence. When involved in an accident, it is important to first calmly organize the situation and proceed with the necessary procedures. Do not forget to take care of your mental health and prioritize your well-being. Let’s ensure we receive the necessary support to make life after the accident as smooth as possible.