Federal Court: Dirt biker receives less daily allowance after accident | Ride MTB

Federal Court: Dirt biker receives less daily allowance after accident

The Federal Supreme Court has issued a fatal ruling: Suva accident insurance may reduce its daily allowance benefits for people who suffer an injury while dirt biking. The Federal Supreme Court has thus extended the range of activities classified as hazardous to include dirt biking, which is therefore treated in the same way as base jumping.

The Federal Court has ruled: The accident insurance company may reduce its daily allowance benefits for people who suffer an injury while dirt biking. The acrobatic jumps over artificial hills must therefore be considered a risk under insurance law. It does not matter whether the sport is practised competitively or just as a hobby.

A man suffered a broken bone in his left wrist while dirt biking in 2014. SUVA, his compulsory accident insurance provider, covered the medical treatment but reduced his daily benefits by 50 percent. The Cantonal Court of the Canton of Lucerne awarded the victim full benefits last September.The Federal Supreme Court upheld SUVA's appeal and confirmed its decision to reduce the daily allowance benefits by 50 percent. The Accident Insurance Act (UVG) permits a reduction in cash benefits by half or, in particularly serious cases, a complete refusal if the accident is due to a risk.Uncalculable risk?
Because the risk of falls or injuries cannot be reduced to a reasonable level even with appropriate safety measures, dirt biking represents an absolute risk, argues the Federal Supreme Court. This must apply even if the sport is not practiced competitively, but merely as a hobby, the ruling continues.Difference to winter sports...
Even then, the aim and attraction is to jump higher, further or more spectacularly and to push yourself to your limits. This makes the risk incalculable. Then the Federal Court doubles down and the federal judges seem to have never considered a dirt landing: Riding a half-pipe on a snowboard differs from dirt biking in that an unsuccessful jump usually ends at the steep part of the half-pipe and is therefore less serious. Furthermore, when jumping with a bike, there is an additional risk to the athlete from the metal parts of their bike.


Note: This content has been automatically translated from German. Please report any incorrect translations.