Help! Knocked off bike...

Astaroth

You may be able to make a claim or you may find a claim is made against you... especially if you start the whole thing off.

Open door accidents are always difficult ones to settle... was the door opened into the path of a correctly proceeding road user (ie passenger liable) or was the door already open and the road user failed to see it/ judge it correctly and hit a stationary object (other road user liable).

Often in these kinds of accidents the liability is settled on a 50/50 basis where both parties are held equally liable and have to pay 50% of each others losses (though obviously where insurance is in place they are the ones that actually make the payments).

Personally I would firstly check that you are ok and the bike isnt damaged before seeing the dollar signs and start considering suing.

Astaroth

lisyloo wrote:

BTW - Undertaking on the left is not illegal.

It is not illegal in itself but can, for motorists, be used for driving without due care and attention. Civil law however does not depend on if something is illegal or not but what a reasonable person would or would not due.... the classic example is a drunk driver stationary at lights and gets hit in the rear.... the drunk driver is the one committing an offense but it is the car that rear ends them that is liable.

Depending on if there are independent witnesses or not then it may or may not be considered reasonable for a cyclist to "undertake" slow moving/ stationary traffic.

jonuk7

one thing i will suggest after a recent phone call with my solicitor for a totally diffrent claim IF you are going to try and claim for personnal injuries you need them to last a good 2 weeks so go to your doctors a couple of times a week (if nessecary) and get it all documented and make sure they relate it to the said accident.

Lorian

lisyloo wrote:

I'm not sure whether cyclists are allowed to "undertake" on the left unless it's a seperate lane or a cycle lane.
I will try and check it out.

It's called filtering.

For anyone unsure of the correct places to ride, and how to do it with the most safety I'd recommend Cyclecraft published by the HMSO. It's crucial reading to be a safe rider. If you've not read it add it to your christmas list. It's one of the best £14 you can spend on bike safety (No I didn't write it!).

I believe it's cheaper from https://www.haynes.co.uk than direct from HMso.

lisyloo wrote:

I can envisage many.
I see cyclists speeding and going through red lights all the time, undertaking cars where they cannot be seen (come to Bath).

Guilt by association Eh?

Just because some cyclists do it doesn't mean all do. You don't usually find people opening car doors in the middle of lights to hit a cyclist, but if they did they'd still be in the wrong.

lisyloo

Guilt by association Eh?

Absolutely not and I never said that.
I was merely answering the point that the cyclist could NEVER be in the wrong.

You don't usually find people opening car doors in the middle of lights to hit a cyclist, but if they did they'd still be in the wrong.

I think the OP may have a case but I disagree that it's always black and white.
As others have said it depends on circumstances.
If someone was cycling in black with no lights in the dark then a passenger could have taken all reasonable care and still not seen them.
If a cyclist went through a red light or was speeding then that would also go against them.
If they were going fast on a pavement where a passenger opening a door would not expect a vehicle to be then they would also be to blame.
If they were cycling between stationary cars at a supermarket where passengers would not expect them to be then that would also be dangerous.

I really don't have any axe to grind in any direction because I am myself a car driver, cyclist, motorcyclist and pedestrian but those of you who are saying the cyclist CAN NOT be in the wrong are simply incorrect and I have given 4 examples above off the top of my head, I'm sure there are others.

It's called filtering

I am aware of this as I do it on my motorbike.
It needs to be done with great care to avoid opened doors but also motorists swerving to avoid other traffic, emergency vehicles or anything on the road (like a dead animal).
The stationary traffic often does not see you coming from behind and if put under stress e.g. blue falshing lights, then many will serve without checking first (although I believe if you are overtaking they THEY have right of way).
If I feel it isn't safe to filter then I simply don't do it. I simply wait in line.


Personally I find it a whole lot less stressful to cycle off the road.

Lorian

lisyloo wrote:

(although I believe if you are overtaking they THEY have right of way).

Do try the book I recommended. It's the basis for the syllabus of the National Cycle Training Standard.

Annie_Fanny

Astaroth wrote:

Personally I would firstly check that you are ok and the bike isnt damaged before seeing the dollar signs and start considering suing.

I am not seeing dollar signs! I am simply asking IF I can claim not that I will. I didn't even think about it - it was the police officer who gave me their details in case I wanted to claim.

I feel like my enquiry is being viewed as some cynical attempt to cash in rather than the genuine request that it is.

lisyloo

I feel like my enquiry is being viewed as some cynical attempt to cash in rather than the genuine request that it is.

Don't worry, not everyone sees it that way.
We do live in a bit of a blame culture where everyone tries to find someone else to blame but this doesn't men you shouldn't claim if you have been hurt.
What you have to bear in mind is

a) Your own behaviour will be under scrutiny (which may not be a worry).
b) However sorry the people were, their insurance company will try and minimise losses.
c) They may also have independent witnesses with a different recollection (may even lie).
d) If there is any doubt then often insurance companies go 50/50. This is because it's cheaper for them to agree a quick settlement than spend time/money arguing or go to court. This is not necessarily fair but it's the way the insurance system works. Some companies even have agreements to do this automatically.

So what I'm saying is that it may not be as black and white as you would think. It is not the person that is right that will win. It is usually solved in the cheapest way for the insurance companies.

lisyloo

Do try the book I recommended. It's the basis for the syllabus of the National Cycle Training Standard.

Thanks for the advice.
I rarely cycle on the roads so I think my time will be better spent doing the IAM (Institute of Advanced Motoring) course on my motorbike which I intend to do next year.
I would recommend this to motorcyclists and it's not a lot of money (most time given by volunteers).

Thanks for the recommendation though.
Might do it in future.

Annie_Fanny

Astaroth wrote:

Personally I would firstly check that you are ok and the bike isnt damaged before seeing the dollar signs and start considering suing.

I am not seeing dollar signs! I am simply asking IF I can claim not that I will. I didn't even think about it - it was the police officer who gave me their details in case I wanted to claim.

I feel like my enquiry is being viewed as some cynical attempt to cash in rather than the genuine request that it is.