We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Taxi passenger opened door and hit cyclists, who’s to blame?

Options
I witnessed an accident where a cyclist was hit by an Uber passenger. The passenger got out at the traffic lights, the cyclist was coming the other side down the road, she was knocked of her bike.

Who is the personal injury claim against? Sure she shouldn’t be coming down the wrong way and taxis shouldn’t be letting passengers out at traffic lights. Etc.
«1

Comments

  • kozlikha
    kozlikha Posts: 90 Forumite
    I witnessed an accident where a cyclist was hit by an Uber passenger. The passenger got out at the traffic lights, the cyclist was coming the other side down the road, she was knocked of her bike.

    Who is the personal injury claim against? Sure she shouldn’t be coming down the wrong way and taxis shouldn’t be letting passengers out at traffic lights. Etc.

    IMO passenger would be liable. Uber drivers do not have door locking mechanism, so if passenger decides to leave a vehicle and by doing so cause risk to other road users, then it's his/her fault.
  • ^surely the taxi has insurance that covers the damage done by passengers. Eg the passenger doesn’t want to put the date, makes a quick exit, opens the doors and hits a row of cars. The insurance company can peruse the passenger for damages but they still pay out the door/cyclists damages?
  • Kim_kim
    Kim_kim Posts: 3,726 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I witnessed an accident where a cyclist was hit by an Uber passenger. The passenger got out at the traffic lights, the cyclist was coming the other side down the road, she was knocked of her bike.

    Who is the personal injury claim against? Sure she shouldn’t be coming down the wrong way and taxis shouldn’t be letting passengers out at traffic lights. Etc.

    Was the bike coming down the wrong side of the road?
    In that case I would say the bike was at fault. But I’m no expert.
  • ^it doesn’t work like that.
    I wanted to know who’s paying, passenger through any insurance they have or taxi.
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You need to be clearer about how this supposed accident happened "the cyclist was coming the other side down the road" can be interpreted in various ways.
  • Car_54
    Car_54 Posts: 8,837 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Both the driver and passenger may be guilty of an offence: "No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person" [The Road Vehicles (Construction and Use) Regulations 1986, swection 105].


    The cyclist should claim against the driver - he's insured, the passenger probably isn't. But be prepared for an argument.
  • wymondham
    wymondham Posts: 6,356 Forumite
    Part of the Furniture 1,000 Posts Photogenic Mortgage-free Glee!
    As an aside, do Uber drivers have a corporate Uber insurance or do they insure themselves?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wymondham wrote: »
    As an aside, do Uber drivers have a corporate Uber insurance or do they insure themselves?
    They will be self-insured.
  • wymondham
    wymondham Posts: 6,356 Forumite
    Part of the Furniture 1,000 Posts Photogenic Mortgage-free Glee!
    neilmcl wrote: »
    They will be self-insured.

    So, this may cloudy the waters as they won't want to involve the insurance companies?
  • maisie_cat
    maisie_cat Posts: 2,136 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Academoney Grad
    I believe that filtering by cyclists is okay according to the highway code. There was a case a few years ago where the taxi driver was held liable because he unlocked the door, in this case I guess the driver could not prevent the passenger alighting. I suspect in insurance world the driver will be liable for the actions of their passengers. I can't see it being the cyclists fault.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.