Bicycle or scooter accidents in Luxembourg: who pays for the damages?

Traditional bicycles, e-bikes, and electric scooters: sustainable transportation is now part of everyday life in Luxembourg. But a collision with a car, a fall caused by another rider, or an injured pedestrian can quickly raise an important question: Who pays for the damages after a bicycle or scooter accident?

The answer depends mainly on the circumstances, each party’s liability, and the insurance policies in place.

Bicycle or scooter accident: who is liable?

After an accident, the first step is to determine the circumstances and assign liability. When a person is found liable for damage caused to a third party, they may be held civilly liable.

For example, if a cyclist fails to yield the right of way and damages a car, they may be required to compensate for the resulting damage. Conversely, if a driver strikes a cyclist due to reckless driving, the driver may be held liable.

Damages can be property-related, such as a damaged bicycle, scooter, or smartphone, or they can involve bodily injury when a person is hurt.

You cause a bicycle accident: which insurance covers it?

A standard bicycle is not subject to the same mandatory insurance requirements as a car. However, a cyclist remains liable for any damage they cause to others.

In such cases, personal liability coverage may apply, depending on the terms of the policy. It is designed to cover the financial consequences of accidental damage for which the insured is civilly liable to a third party.

At Foyer, for example, the “mozaïk” home insurance policy can include personal liability coverage that addresses this type of liability in everyday life.

What about electric bikes?

It is important to distinguish between the different categories of electric bikes. In Luxembourg, a pedelec whose motor assistance supports pedaling and cuts off at a maximum speed of 25 km/h is considered a bicycle.

Faster electric bikes may be subject to different rules. It is therefore important to verify the category of your vehicle before riding.

Electric scooter accident: who pays?

Electric scooters are also regulated by the Luxembourg Highway Code. In particular, these electric micro-vehicles must not exceed a maximum design speed of 25 km/h.

When a scooter user causes damage to a third party, their personal liability insurance may cover the damages depending on the terms of their policy.

Be careful, however, with modified or unregulated scooters. A vehicle that exceeds the specifications for this category may be subject to different rules, particularly regarding insurance, registration, or licensing.

What if you’re the victim of an accident?

When the cyclist or scooter rider is not at fault, compensation may be claimed from the party responsible for the accident and, depending on the situation, from their insurer.

If a motorist strikes a cyclist and is found at fault, the motorist’s auto liability insurance may cover damages caused to the victim.

Compensation may cover injuries, damage to the bicycle or scooter, and other losses directly related to the accident.

However, when multiple people contributed to the accident, determining liability can become more complex.

If you fall on your own: are you covered?

This is a crucial distinction. Liability insurance primarily covers damage you cause to others. It does not automatically compensate you for your own injuries if you fall on your own or if you are at fault for the accident.

Personal accident coverage can then supplement your protection.

At Foyer, the “Protected Driver” coverage, available as part of the Mobilé insurance plan, can cover drivers named in the policy in the event of injury or disability while on the move, including when riding a bicycle or scooter.

It is therefore important to distinguish between coverage for damage caused to others and coverage for your own bodily injury.

What to do after a bicycle or scooter accident?

A few key steps can help streamline the claims process:

1. Secure the scene and call emergency services if anyone is injured;

2. Record the contact information of those involved and any witnesses;

3. Take photos of the scene and the damage when it is safe to do so;

4. Keep receipts and proof of purchase for damaged property;

5. Notify your insurer promptly, providing a detailed description of the circumstances.

In the event of injuries or a disagreement over the circumstances of the accident, it may also be helpful to involve the police.

What insurance coverage should you check for your commutes?

If you regularly ride a bike or scooter, there are three key areas that deserve special attention: personal liability coverage for damages caused to others, personal injury coverage for your own injuries, and depending on the value of the vehicle, coverage for property damage or theft.

This distinction is important: being insured for damage caused to a third party does not necessarily mean that your own injuries, or your bike or scooter, will be covered.

Remember the key points!

In the event of a bicycle or scooter accident in Luxembourg, compensation depends primarily on liability and the coverage you have purchased. If you cause damage to a third party, your personal liability insurance may cover it. If another user is at fault, their insurance may cover your losses. Finally, in the event of a solo fall or an accident for which you are at fault, individual coverage can protect you against your own bodily injuries.

With the growing variety of modes of transportation, it’s therefore a good idea to verify that your insurance policies truly align with your mobility habits. A Foyer Lux-Assurances advisor can help you review the coverage already included in your policies and identify the coverage best suited to your daily commute.

Would you like to check whether your insurance policies are still suited to your situation? Contact our Foyer Lux-Assurances agency. We’re here to listen to you, assess your needs, and provide straightforward advice.