MAAF must pay €15,414 more after Bordeaux cycling crash, despite rider’s failure to stop
Seven years after a cycling accident in Bordeaux, MAAF sought repayment of the €7,000 it had advanced to a woman of Moroccan origin. The court rejected the claim and ordered the other cyclist’s insurer to pay her an additional €15,414, despite finding that she had committed a traffic violation.
On September 28, 2019, two cyclists collided at an intersection in Bordeaux. The woman, born in 1964, rode through a STOP sign without stopping. The other cyclist was coming from a street closed to traffic because of roadworks. The collision occurred about two metres from the intersection.
Taken to the emergency room, the victim suffered a fracture of the left tibial plateau. She had to take nearly a year off from her job supporting students with disabilities. Her injuries caused persistent knee pain and made it difficult, in particular, for her to use stairs.
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An initial out-of-court medical assessment failed to resolve the dispute. The court then ordered a medical assessment in April 2022, with the report submitted the following year. MAAF, which insures the other cyclist, had initially acknowledged a right to compensation of 50% and paid an advance of €7,000. In court, it changed its position: arguing that the victim was solely responsible for the accident, it sought full repayment of the advance.
A missed stop sign, but compensation upheld
In its ruling of October 7, 2026, the Bordeaux judicial court did find that the cyclist was at fault. Her failure to stop at the sign contributed to the accident, even though the collision occurred just beyond the intersection.
The judges noted, however, that the other cyclist was riding on a road closed to traffic, and that no exception permitting bicycles to use it had been established. The victim could therefore have been surprised to see him emerge from that direction. The court upheld her right to compensation at 50%.
The total damages were assessed at €53,238.01, including healthcare costs, lost income, assistance needed after the accident and pain and suffering. The judges also took into account the effects of a pre-existing knee condition, which had previously been latent and was brought to light by the accident, including increased difficulty in carrying out her job.
After the 50% reduction, allocation of the sums with social security bodies and deduction of the €7,000 already paid, MAAF was ordered to pay the victim an additional €15,414.25. It must also pay her €2,000 in legal costs and cover court costs, including the cost of the court-ordered medical assessment.
The ruling, issued by a court of first instance, is provisionally enforceable.
