I was hit by a car when cycling to work last week. I need some advice as to the procedure in Switzerland. As I have not been long in Switzerland I have made some rather basic errors with insurance and am now worried I am going to end up having to pay alot of money if I am found to be at fault. Details are as follows....

The police came to visit me in hospital and took my statement, they gave me a slip of paper witht he details of the driver and my details on it and told me to hand this to my insurance company who will contact the driver. I do not have private liability insurance and my vignette had just run out.

I have no memory of the accident so I have no idea who is at fault if indeed anyone, but there was very limited damage to the car (a wing mirror I was told) most of the damage was to me which is covered by my accident insurance. Do these cases always go to court or could I contact the driver directly myself to discuss the case? I am concerned that it could get very costly if it goes to court.

Any advice would be much appreciated

Firstly you should inform your accident insurer of the incident as soon as possible.

If the insurers of the car think that you were at fault they will probably just write to you. It’s very unlikely a case like this would go to court unless the Police decide to bring proceedings against the driver or yourself.

Do you have the police officer's name? I had a car accident
( two cars no bike), and it went to trial.

Does the report say who is at fault?
Are you worried about paying your hospital bills?

Are you employed? If so, you have accident insurance with
your employer.

Good luck!

Thanks for both replies,

The accident insurers already are covering my hospital bills and know about the accident.

The police report was neutral I think said could have been at fault both me and the driver, he said that the police do not decide the fault that is up to the judge to decide based on all the evidence.

With my car accident, it went to trial, but I didn't even go.

The judge mailed the decision. I.e. I didn't have to hire an
attorney, get witnesses, etc.

In my case, I won the trial. I don't know what happens
if you lose the trial. Perhaps, you have to pay court costs
which are not too much, 300-500CHF at the most.

Thanks,

You have put my mind at rest now I can focus on recovery.

...and, of course, buying a new vignette a.s.a.p., if you didn't already!

Guäti besserig !!
.

It would have run out at the end of May, nearly 2 months ago, so I wouldn't advise mentioning that in your defense. I expect there will be a flat rate fine for this alone, regardless of accident fault.

I do hope you make a good recovery and that the legal business can all be sorted out quite easily - it doesn't sound like too much damage to the car, so it shouldn't be too expensive.

Best of luck

kodokan (fellow cyclist)

The accident was serious enough to put the OP in hospital. Hence, court proceedings are inevitable.

Are the facts are clear and uncontested? Then the judge can decide based on the police report and statement of those involved. Else, the judge must hear the case.

if the OP is judged to have caused the accident, the OP will have to pay the court fees and damages to the car.

From my point of view I remember nothing. However, there were witnesses.

I do not know whether it is clear and uncontested. I am sure I will find out this week.

How much are court costs likely to be?