Question from a reader:
While riding my bicycle, I tried to move from the sidewalk to the road on a slope and ended up colliding with a motorcycle coming from behind. I thought I had checked both sides, but I couldn’t see the motorcycle due to the curve, and the accident happened the moment I entered the road. Fortunately, I didn’t
sustain any major injuries, but I ended up spending 20,000 yen at the hospital, and my bicycle was completely destroyed. The police told me that since I was rear-ended, it would be better to treat it as a property damage case due to a head-on collision at an intersection. The other party’s motorcycle was a Harley, and although it got scratched, the bike itself was unharmed. The other party’s insurance company stated that I was 60% at fault and they were 40% at fault. In this case, can I claim medical expenses and other costs from the other party? Also, is it common for a bicycle and motorcycle accident to result in a 60:40 fault ratio? I would like to at least recover the hospital bills, medication costs, and the price of my bicycle, but what should I do to make a claim? I have consulted with my insurance company, but if you have any other advice, please let me know.

Bicycle and Motorcycle Accidents: Considerations on Compensation Claims

Hello everyone. Today, I would like to talk about a topic that is somewhat close to home: accidents involving bicycles and motorcycles. Riding a bicycle is eco-friendly and good for health, but we must not forget the risks of accidents. Special attention is needed when changing lanes. Now, before getting into the main topic, let me share a bit of my own experience.

The Accident and the Days That Followed

A few years ago, I experienced a similar accident while riding my bicycle. One day, as I was trying to move from the slope to the road, I collided with a motorcycle coming from behind. I thought I had checked properly, but I couldn’t see the motorcycle due to a sudden curve. At that moment, everything felt like it was in slow motion. Fortunately, I didn’t sustain any major injuries, but I ended up spending 20,000 yen for a hospital visit, and my beloved bicycle was completely destroyed. I still can’t forget the shock from that time. After the accident, when I explained the situation to the police, I was advised to treat it as a property damage case due to a head-on collision. However, since the other party’s motorcycle was a Harley, it was unharmed despite the scratches. What concerned me was what the other party’s insurance company said: “You are 60% at fault, and they are 40% at fault.” I was troubled about whether this was a reasonable ratio and whether I could claim medical expenses from the other party.

Fault Ratios and Their Basis

First, let’s consider the fault ratio. In accidents between bicycles and motorcycles, this ratio is particularly problematic. Generally, motorcycles can travel faster than bicycles, and if the bicycle rider has not fulfilled their duty of care, their fault may be greater. However, conversely, if the motorcycle was traveling at that speed, they also need to exercise caution according to the surrounding circumstances. In this case, since the other party’s motorcycle was coming from around the curve, it can be considered that there was an issue with your visibility as well. Therefore, while the 60:40 fault ratio cannot be deemed unreasonable outright, I understand your feelings of dissatisfaction.

What Can Be Claimed and How to Claim

Now, can you actually claim medical expenses and other costs from the other party? The answer is “yes.” However, there are several steps involved. First, it is crucial to communicate effectively with your insurance company and explain the details of the accident to receive support. Insurance companies are professionals in accident handling, and their assistance can make the process smoother. Next, you will need to make a specific claim to the other party’s insurance company. In doing so, prepare receipts for medical expenses and repair estimates for your bicycle. This will clearly demonstrate the actual losses you have incurred. Additionally, if you have suffered mental anguish due to the accident, you can also claim compensation for emotional distress. This can be a bit complex, but if you feel you have been psychologically affected by the accident, I recommend consulting a professional.

Why You Should Seek Expert Opinions

Here, I want to emphasize the importance of seeking advice from legal experts. Since the procedures following an accident and the interpretation of fault ratios involve legal nuances, expert guidance can be extremely beneficial. Especially regarding compensation claims, lacking knowledge can lead to losses. Moreover, if you feel that the fault ratio proposed by the other party’s insurance company is unreasonable, there are ways to contest it. Having expert support in this regard can be reassuring. For example, consulting a lawyer who specializes in traffic accidents can provide you with more appropriate advice.

Lessons Learned from the Accident

Reflecting on my own accident, I realize that prevention is key. When riding a bicycle, it is essential to always check your surroundings and be particularly cautious at intersections and curves. Accidents between bicycles and motorcycles can happen easily, making it vital to maintain vigilance at all times. Furthermore, after an accident, it is important to remain calm. The shock of the accident can lead to panic, but it is necessary to grasp the situation clearly and proceed with the required procedures.

Conclusion: Protecting Your Rights

Finally, when you are involved in an accident, it is crucial to protect your rights. By having accurate knowledge about fault ratios, medical expenses, and compensation for emotional distress, and by seeking expert assistance when necessary, you can achieve better outcomes. While striving for safe bicycle riding, it is also important to understand your rights and take appropriate action in case of an accident. This will contribute to your peace of mind in the future.