Legal/insurance advice for being car doored?

Kemics

New Member
Hi guys,

New to the forum :smile: Was hoping to find a little bit of advice on what to do in my situation.

I'm cycling home. There's stationary traffic queuing at a zebra crossing. During rush hour there's a bike lane but it's evening so there's cars parked in it. I'm filtering on the inside between traffic and parked cars (the road is too narrow to pass between the lanes). Drunk passenger of a car decides to go to pub opposite and opens front passenger door right into me. Say he's sorry, didnt look and promises to pay for damages to bike. (Shoulder also hurts alot and is cut and bruised but im only worried about fixing bike) I get the number plate but the driver says "not my problem...is my car okay?" and then drives off. So no other details of driver. I have a phone number for the passenger who agrees to pay to fix bike.

I've taken bike to a shop to get a quote for fixing. It's way more expensive than he was expecting, i think he was thinking £20 not £200 (it's a nice road bike and shifters are expensive one is broken) he's asking for me to get photos of bike, and doesnt believe the quote given by bike shop etc. I offered to do the work if he'll buy the parts but he's not interested. Basically it's becoming serious hassle.

I have bike insurance that covers legal stuff (fully comp). I spoke to them and they said just send over the details and they deal with the rest. I feel sorry for the driver who will lose no claims but I also need my bike back on the road as i commute and it's my only transport.

I know the highway code says filtering is an acceptable road use and i'm fairly sure the driver is responsible for passengers. I wanted to check if i'm in the right here and if it's worth sending to the insurance company? (They are a bike specialist so hopefully will fight my corner)

Any advice would be massively appreciated :smile:

Thanks!
 

Drago

Flouncing Nobber
Location
Poshshire
You've been more than generous in offering him a less expensive resolution by doing the work yourself and he's declined it. His problem now, don't waste any more breath discussing it, let the solicitor deal with it. Serves him right for commting an offence, and act that can and does kill riders, so save your sympathy for someone more deserving.
 

cd365

Guru
Location
Coventry, uk
I would let the person know that you have spoke to your solicitors and they will be speaking to the card drivers' insurance company since he is liable.
The car driver might be a little more keen to push his mate to pay up since I bet his excess is more than £200!
 

vickster

Legendary Member
I think excesses apply to repair to your vehicle not a third party, covered by insurance for the pay out. No claims bonus being lost and having to declare for 5 years also could be costly. Not to mention that his insurance T&Cs oblige him to report ALL incidents. The company will be unimpressed at receiving a 3rd party injury claim for an incident they had not been informed of!
 

Okeydokey

Active Member
Parked cars and junctions was my problem in your situation but on a motorcycle. Whether I was overtaking at a junction was what decided the matter in law. My point was that I was not overtaking as the car I passed had pulled in and parked too near a junction. You can rest assured the legal eagles will enjoy the conversation at everybodies cost. Small claims court may be an option, (whilst DIY, consider aggravated damages) ask for the details of and then send details of the bill to the driver.
 
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