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Old 25.04.2008, 20:14
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Legal advice concerning a traffic accident?

Hello everyone. This is my first post to the EF despite having been in Switzerland nearly 8 years. I use the forum a lot but never had a need to post anything til now...

I find that one of the great advantages to living in Switzerland is the extent to which they cater to cyclists. We're a family of 5 living in CH and wouldn't dream of owning a car because we don't need one. I cycle everywhere, in all weather, for sport and transport.

Unfortunately the day before yesterday I had a fairly serious accident. Even worse, it was entirely my fault -- I somehow managed to mistake a right turn light for a normal green and went straight, and was immediately hit broadside by a car. it was in a very messy bike-unfriendly construction zone (Thurgauerstrasse), raining heavily and my glasses were full of drops, that certainly didn't help. My only consolation is the total irony of the situation, as I utterly detest "red-light jumpers" and would never intentionally run a red. Somehow I just made a mistake...

I know that's no excuse and I still have to accept responsibility for causing an accident. From what I understand the police report will be passed on to the Staatsanwaltschaft and they'll review the case. I assume there will be penalties of some sort and I'll need to pay a handsome fine, but I have no idea what the process is like. I don't have a driving license so presumably there won't be any "points" involved -- if there is such a thing here.

Anyone out there who's been down this road willing share their knowledge of this bitter experience? Is there a website which explains how the system works?
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Old 25.04.2008, 20:21
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Re: Legal advice concerning a traffic accident?

Good that you were not injured!

You probably must pay a fine of several hundred francs plus some court fees.

You are also liable for any damages you caused to the car that hit you. Hope you had a "vignette" sticker on the bike and have civil liability insurance. Then you should immediately inform your insurer(s).
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Old 25.04.2008, 22:48
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Re: Legal advice concerning a traffic accident?

Yep I have the Vignette and liability insurance. I got off lucky with just scrapes and bruises and a totalled bike, but of course had to undergo the full ambulance & emergency room business. I can't file an insurance claim until I get the details of the driver whose car I damaged from the police report. Is there some time limit as to how soon you must report it?
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Old 26.04.2008, 08:49
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Re: Legal advice concerning a traffic accident?

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Yep I have the Vignette and liability insurance. I got off lucky with just scrapes and bruises and a totalled bike, but of course had to undergo the full ambulance & emergency room business. I can't file an insurance claim until I get the details of the driver whose car I damaged from the police report. Is there some time limit as to how soon you must report it?
Inform your liability insurers immediately! Exact deadline is in the fine print of your policies. Tell the insurers that further details will follow, as and when available.
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Old 26.04.2008, 16:50
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Re: Legal advice concerning a traffic accident?

Glad that you were not injured!

There is no point system in Switzerland. The vignette will cover the car damage but not your bike and the ambulance. It's up to the police if/how this case proceeds (I estimate, not far) but the fine for crossing a red light on the bicycle is 60 Fr..

Some insurers have a form on their website that you can use to report the accident. If you have a copy of the accident protocol (Unfallprotokoll), the insurers may be interested in it too.

Here's a leaflet in German about what to do in a bicycle accident (PDF) (also valid for other traffic accidents). The most important points are to fill out an accident protocol if there's property damage, and to call the police if somebody got injured, which only then is mandatory.
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