Doored by passenger...
 

[Closed] Doored by passenger - liability

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I got doored today, the passenger who caused it is so far more than happy to pay for the damage caused and has already transferred cash for the new lid I need.
I'm not sure if this will continue if it turns out I need a new front wheel and carbon fork. If he starts to baulk at the cost is it recoverable from the drivers insurance? It was a works van and passenger, driver and their boss have all been extremely amicable.

 
Posted : 29/09/2020 6:28 pm
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Think so, driver has responsibility to ensure his passengers are safe etc.

 
Posted : 29/09/2020 6:33 pm
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Sounds like a grey area from a quick google.. not a lawyer of course.

But if it's a work van wouldn't this be covered by the company's insurance?

 
Posted : 29/09/2020 6:35 pm
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Was doored by a passenger getting out of a taxi a few years ago so similar situation.

The taxi's insurance paid for everything without issue.

 
Posted : 29/09/2020 6:38 pm
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Thanks reluctantjumper, good to know.

 
Posted : 29/09/2020 6:44 pm
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A guy was killed in Leicester by a Taxi passenger opening its offside door, knocking over the cyclist, then he was ran over by a drunk driver.
The Taxi driver was held responsible in Court, but only got a pitiful sentence.
Door opener

 
Posted : 29/09/2020 6:49 pm
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The driver is responsible for his passengers and regardless if its a the passenger was working at the time then its also an issue for employer (who is also probably the insurer for the vehicle anyway) will also have public liability insurance covering the actions of their staff.

 
Posted : 29/09/2020 6:50 pm
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That taxi case above is a bit mad. The passenger who is the one that opens her door and knocks a cyclist off gets an £80 fine. The taxi driver who has no control really over what his passenger does gets the biggest fine. The drunk driver who runs over the cyclist who has been knocked off gets a driving ban and suspended sentence.

 
Posted : 29/09/2020 7:01 pm
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How did the passenger manage to door you? Was it parked on the wrong side of the road or something?

 
Posted : 29/09/2020 7:12 pm
 poah
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Driver is responsible for making sure doors are not opened onto other cars; people; bikes etc. There is however only so much the driver can do to prevent accidents.

 
Posted : 29/09/2020 7:41 pm
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My brother in law was doored by a passenger, he claimed against the driver's insurance for the damage and physio.

 
Posted : 29/09/2020 8:08 pm
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How did the passenger manage to door you? Was it parked on the wrong side of the road or something?

I can think of a few ways:

1. Passenger was in the back seat on the same side of the driver.
2. Car was in a stationary right hand lane and the cyclist in a moving left lane.
3. Car was parked facing against the traffic.
4. Cyclist was filtering past stationary traffic, as we are entitled to do.

 
Posted : 29/09/2020 8:12 pm
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This is one area Chris Grayling has some expertise in...

 
Posted : 29/09/2020 8:15 pm
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Surely its classed as a normal road traffic accident so drivers liability...just like if they knocked down a pedestrian.

How did the passenger manage to door you? Was it parked on the wrong side of the road or something?

Only the wrong side of the road at night. Perfectly fine to park car facing the oncoming traffic during the day, so long as you're not obstructing anyone or Parking on double yellows or something...just as if you were parking on the correct side of the road.

 
Posted : 29/09/2020 8:32 pm
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They'd passed me about 1/4 mile up the road, then stopped to turn right into a building site. I passed them on the left thinking nobody would be getting out - on account of them sitting there with right indicator on clearly waiting to turn right. Passenger decided he wasn't waiting for the driver to pull in to the site and jumped out.
Obviously with the benefit of hindsight I shouldn't have assumed anything and erred on the side of caution. Lesson learned for both of us I think. Luckily I just seem to have a bit whiplash, aching leg and a corker of a black eye. My helmet did its job admirably.

 
Posted : 29/09/2020 8:54 pm
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I didn't mean anything by the question, i'd have done exactly the same just curious what situation you found yourself.

 
Posted : 29/09/2020 10:04 pm
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That's OK josh Vegas, I realise it's a slightly unusual scenario so I'm happy to explain, might stop it happening to others. I like to think I ride defensively, using prior experience and by reading about others crashes (often on here) you can add to your knowledge and hopefully stay safe.
I feel this was avoidable, it may have been a legitimate manoeuvre, but its no good being right if you end up in a heap at the side of the road.

 
Posted : 29/09/2020 10:47 pm
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seems like a lot of people just listen for cars and don't look before opening vehicle doors. Had two instances in the last two weeks. A woman parked completely on the pavement (why I don't know?) in a convertible with the top down, her son turned in his seat saw me and was still opening the door, a loud shout from me changed his mind. Riding in the cycle lane on Sandbanks Road (Poole) with cars parked in the spaces on my left and the carriageway to the right a guy comes around the front of his car into the cycle lane without looking and then proceeds to open the door to get in! With my bicycle bell having no effect a loud shout of "don't open that f***ing door" seemed to work as he tried to get very small against his car as I went past.

 
Posted : 30/09/2020 12:43 pm