had a accident... where do i stand?

[dmj]

Hi all,
last tuesday i was commuting to work on my bike when a car opened its passenger door right in front of me and i went straight into it. I'm ok'ish but the bike is not. the bike now has a bent from wheel, twisted handlebars and broken carbon forks. the police turned up and made us exchange name and addresses.

i have since spoke to a company that a friend has used in a motorcycle accident and they said i have a case to claim back my losses against the driver. apparently a cyclist is covered the same way a pedestrian walking accross the road and getting hit.

my question for you guys and gals is, has this happened to any of you and did you get anywhere?
and should i be claiming to fix my bike or get a new one? the bike is only 3 months old and done about 500 miles. (specialized allez elite).

any help on this would be greatly appreciated.
thanks again
dan

 

[ianrauk]

Are you a member of CTC?
Give there solicitors a call. (Slater & Gordon) and discuss with them.
Even if not a member of CTC you can join retrospectively.
Has the car driver admitted liability?
Have you any witnesses?

 

[dmj]

CTC?
no car driver never admitted liability but is obviously their fault.(to me)
Have one witness

 

[fossyant]

If you aren't injured then you can deal directly with the insurance. If the driver denies responsibility then you may need a solicitor. Make notes now before you forget

 

[vickster]

http://www.ctc.org.uk/

This is why I try to ride as far from parked cars as possible, despite the abuse from idiot drivers!

 

[ianrauk]

aha.. Fossy beat me to it.
It looks like you are going to have trouble then if the car driver denies responsibility. His insurers will try their hardest not to pay out for the bike.

 

[deptfordmarmoset]

I believe lcc.org.uk (London Cycling Campaign) or britishcycling.org.uk offer the same type of cover as the ctc.

 

[summerdays]

Isn't this covered by the Highway code.... yep just went and googled it:

http://www.highwaycode.info/waiting-and-parking/waiting-and-parking-238

Rule 239:

• you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic

 

[classic33]

CTC?
no car driver never admitted liability but is obviously their fault.(to me)
Have one witness

Thats your side of it.
Be prepared to be met with a counter argument. To help counter this get it all down on paper. At this stage it doesn't have to be word perfect or for anyone else to understand it. So long as you know what it means & are able to put it into words that anyone can follow when you come up with your working copy. Print a copy of that off & keep it safe.
You then work from that copy, alone.

 

[vickster]

Isn't this covered by the Highway code.... yep just went and googled it:

http://www.highwaycode.info/waiting-and-parking/waiting-and-parking-238

Rule 239:

• you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic

If the police attended, are they prosecuting the passenger?

I am guessing it is the driver who is insured not the passenger, I have no idea how that would work in terms of the driver's responsibility, the driver may have warned the passenger or something? Civil suit?

 

[dmj]

the police attended, but they told me its a civil matter if any party wants to pursue the other side ect.

as classic33 says i have written everything down to remember everything that happened.

my solicitor tells me its the drivers fault even though the passenger was the one that caused the accident.

 

[Leodis]

Glad you are ok, shame about the bike.

 

[HLaB]

Isn't this covered by the Highway code.... yep just went and googled it:

http://www.highwaycode.info/waiting-and-parking/waiting-and-parking-238

Rule 239:

• you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic

Its just a pity nobody (well practilly nobody) re-reads the HC after they pass their test and a car passenger might never have

 

[benb]

the police attended, but they told me its a civil matter if any party wants to pursue the other side ect.

as classic33 says i have written everything down to remember everything that happened.

my solicitor tells me its the drivers fault even though the passenger was the one that caused the accident.

It's a criminal offence to open a door without checking properly, but I suppose as there was no injury it's not in the public interest to prosecute.

 

[Leodis]

You really gotta stay out of the door zone, you can feel the hatred with the drivers behind but I would rather feel the hatred than my face feel the top of a car door.