Cycling is a healthy activity, it does not emit greenhouse gases into the atmosphere, it avoids city traffic jams, and it does not force you to drive around the streets looking for parking. And, above all, we love it. However, the bicycle still has its Achilles' heel in the accident rate it represents. Between 2009 and 2015, the number of accidents involving cyclists doubled. Largely, this is due to the increased use in cities and because its use for commuting to work continues to rise. But also because the coexistence between cars and bicycles on the roads is still an unresolved issue, and unfortunately, cyclists continue to be run over. During those same years (2009 and 2015), the number of people injured in accidents with cyclists who had to be treated in the hospital rose from 489 to 652. Six out of ten of them had not committed any infraction. Collisions with motor vehicles are by far the leading cause of accidents affecting cyclists. Statistically, the bicycle is a safe means of transport, but in light of these figures, it is advisable to know what to do in case of a bicycle accident. Although we hope you never find yourself in such a situation, here is a small guide with the actions we recommend you take:
If you have had an accident and have insurance
Before contacting your insurance company and filing any report, it is advisable to follow a series of preliminary steps. Obviously, as long as you do not require urgent medical attention.
1- Quickly assess the damage suffered
If the accident has caused any type of injury, to you or to others, assess its extent in order to contact medical services. If you know it, activate the PAS protocol (Protect, Alert, and Help), a measure that greatly helps to reduce the harm suffered by those involved in an accident and, in the case of serious injuries, can even mean saving their lives.
2- Report the accident to the Civil Guard or Police and to emergency medical services
In Spain, most accidents suffered by cyclists are caused by motor vehicles running them over. When any accident occurs, but especially if there are injuries, it must be reported to the State Security Forces and Corps, who will file a report of what happened. Provide all the information requested of you, such as the license plate of the other vehicle, the model and color, the circumstances of the accident, etc. As for emergency medical services, if we are treated on the spot we will receive a medical report that we must keep and which will reflect the damage or injuries we have suffered. If we are taken to a care center, such as a hospital, we will undergo several tests to determine the extent of the injuries and will also receive the aforementioned medical report.
3- Obtain as much information as possible about the accident
The more information you can obtain about how the accident happened and about the other party involved, the better guarantees you will have before the law. Try to get complete information from the other person: full names, vehicle model and make, license plate, insurance company, etc. Although the official report will reflect all this, you can ask witnesses of the accident for their contact details and even take pictures that validate and support your version of what happened, such as skid marks on the ground, broken street furniture, etc.
3- Contact your insurance company
If you have bicycle insurance, contact your insurance company immediately to inform them of what has happened. They will offer you advice on all the legal steps you should follow from that moment on. If you are not responsible for the accident, contact the company that insures the vehicle that caused it. They will request your medical documentation and, in some cases, you will have to undergo evaluation by their healthcare services. The companies offer a compensatory amount for those damages, which you can accept or not depending on what you consider. In any case, remember that you can always request a private report at your own expense or a report from the Institute of Legal Medicine and Forensic Sciences. From there, you can negotiate again to reach an agreement or go directly to court, which is most common. Remember that if we suffer an accident while riding our bicycle, we can not only claim compensation for physical injuries suffered, but it is legitimate to request compensation for breakage or damage to material goods, such as the bicycle, our clothing, and any accessories we had that were damaged. Do not forget that if you are a federated cyclist, you have Civil Liability insurance.
If you have had an accident and do not have insurance
In relation to the previous case, in which we do have insurance, we must follow the same indications regarding the evaluation of the damages suffered, activate the PAS protocol, and notify both the health services and the Civil Guard or Police. Not having bicycle insurance means that, in the event that you are at fault for the accident, you will be responsible for the damages caused. This means that you will have to pay compensation to cover those damages. Your home insurance may cover both the compensation and your liability to third parties, as this type of insurance offers family or private Civil Liability, so it is essential that you contact them to find out in detail if you can benefit from any policy. The company with which you have insured your home may provide you with a legal assistance service which will be very useful to you, although it is advisable to seek a second opinion from an external lawyer, who will look out directly for your interests and set aside those of the company. Keep in mind that the home you have insured must be your usual and main place of residence in order to be covered by Civil Liability insurance. If you want more information about the consequences of not having bicycle insurance in case of an accident, take a look at this post: What happens if I have a bike accident and I am not insured?