Hi everyone! I was run over by a car two days ago at the crossing of Steffenmayerstr. and Tennenbacherstr. Does anybody know how German law works when a cyclist is run over by a car, and the driver denies responsibility? I do not have liability insurance (haftpflicht), and I want to know if there is any free legal advice that I have a right to, to defend my case? I have described the events below. Many thanks for any references or advice.
After the accident the driver apologised many times, and when she saw I was OK offered to pay me 20€ for my bike and leave. Luckily there where witnesses who saw it, and advised that we phone the police. She said that was OK for her, that her insurance would cover the costs and it would not cost her one cent. While we waited she offered also to give me an old bike she has that she doesn't use. After explaining the accident to the police they told the driver she was at fault, and told me they would speak to the witnesses who had left their phone number and phone me the next day. Then her insurance company would contact me.
However, yesterday the police phoned me they told me that the driver was now saying that perhaps I had crossed a red-light. I was totally shocked at this turn of events, however there are no witnesses for this, as the accident happened after the ampel and they only saw the crash. The police says that they cannot press charges because they did not see the accident, and that the insurance company will decide. However I do not have a liability insurance (haftpflicht) so as I have understood, there is no one to defend my case. It sounds like her insurance company is to decide if they will compensate me or not.
Luckily I am OK, however I am bruised, have a skratched knee and a cold from waiting for the police for 40min in the rain. More important, my bike is beyond repair, my new jeans are broken (80€), I missed half a day of work, not to speak of the shock of being run over by a car who could have killed me. I know that I am not at fault, and I am angry that the driver is now denying responsibilty. She claimed that she did not see me or the car in front of me (we where coming from stefanmeyerstr, in the middle of the crossing waiting to turn left), so that seems to me like she was just not paying attention. Even if she had the green light, at that crossing the cars coming from Trennbacherstr. must wait until the crossing is clear before going (as the police told her in the moment).
What can I do now? The police still has to take my statement next week, however over the phone when I was asking them what my rights where, and what steps could I take they where quite rude and told me that they had more important business to attend to.
Thank you for your advice!