I was involved in a accident cycling to work 1 month ago, the driver of a car opened her door without looking as I passed, resulting in a fractured skull and a broken collarbone. The police came to the hospital and took my statement, the woman admitted liability.

I'd like to claim compensation but to be honest have very little knowledge of this side of the Swiss legal system. Can anyone help?

Thanks in advance.

Get a copy of the police report documenting the facts.

• Do you have accident-insurance? Then your insurer will pay your bills and recover from the guilty.
• Are you insured for legal costs? Then your insurer will recommend and pay for a lawyer to press your charges.
• You are not insured at all? Then write a registered letter to the guilty person stating your claim. Your claim includes not only medical treatment but also material damages (cycle, clothes, etc.) and lost wages.

Depends. What do you want to be compensated for? Permanent disability and loss of ability to work, or recoverable injuries and temporary mental anguish? At any rate, I should think the only place you'll receive sound advice on this matter is from a Swiss lawyer.


Heather

More for "recoverable injuries and temporary mental anguish?", as well as all the extreme pain and suffering, I missed my goddaughter's christening, friend's stag weekend, had to give up Euro 08 tickets.

Thanks for your help.

First, I hope that you make a full recovery.

I agree with the others that you're in a situation where you should consider getting legal assistance. Where to get it depends on Goldtop's points.

I've briefly written about the compensation of immaterial damages here. It is a rather complicated legal field. Pain or a loss in life quality seem to be considerable damages. On the other hand it seems to be irrelevant if you planned to attend a party or football game at a particular day.

If you're undetermined how to proceed, the consumerist publisher Saldo offers a book for accident victims here, in German. If your interest is limited to the compensation of immaterial damages chapter, you can buy and download that separately.

I don't know how they're calculated in detail, but they very very rarely seem to exceed 50'000 Fr. for even the grimmest blows of fate. All material losses are covered by mandatory insurances and fallback pools, other than in the USA where the damage money can be the victim's only help to manage the rest of their life.

Enhancing what I wrote earlier:

• Contact your employer. Accident occurred while travelling to work. Hence, employer's accident insurance should cover the accident. They of course will reclaim from the offender.

I contacted my accident insurance, they of course cover all medical expenses and salary when off work but said that I need to contact the insurance company of the woman who caused the accident to recover the costs of bike repairs and other costs. I am still of work at 50% with headaches and constant tiredness, maybe I should wait for a while to contact a lawyer?

How would waiting change the situation?

To get the material losses back is easy, you just have to send the repair bill to the car driver (who in the meantime should have contacted her accident insurance).

Anything beyond that will require legal assistance or that you educate yourself with the linked book, be it later or now.

Contact a lawyer now, the longer you leave it, the more likely that you will forget / loose information. It is in your interst to get things moving. Can anyone recommend someone to contact ?

Tactically, it might be better to "attack" the car driver. She did you harm and is liable to compensate. How and where she is insured is her problem, not yours.

Prepare a detailed claim for all damages not covered elsewhere. Also keep the claim open with the statement "This is not a comprehensive claim. Damages that become subsequently apparent will be claimed later." Send it registered to her with a copy to your medical insurer.

If you are diffident about this, then get legal help now. The driver's insurer will play every dirty trick they know to minimize the claim.