Possible Liability for Accident with Cyclist

besty

I know that there can't be any provision of legal advice so that's not what I'm after. I just want to know if anybody has ever had a similar incident?

I was driving in town (Dublin) yesterday and was stopped at traffic lights. I was second in the queue. My sister was getting out of the car and as she was opening the door, a bicycle with 2 men on it hit the door. One of them suffered a deep cut on their neck and some bruising to his hands. The other man was fine. I called an ambulance immediately which took him to hospital. The ambulance subsequently came back to tell us he was fine. I called the police and told them to come to the scene. They never did.

I called 5 times and waited for 2 hours with the other man for the police but they never arrived. I left my car to the garage to get fixed up as the car door was wrecked. I then reported it to my local station just to be safe and I now have to go to the station closest to the incident over the weekend to give a statement.

I just want to know if anyone has any experience with such an accident. If so, what was the outcome?
Thanks for any help!

robfitz

besty wrote:

I just want to know if anybody has ever had a similar incident?

Thankfully no.

Anyway sorry to hear about what happened, sounds like you acted very reasonably after it happened.

Talk to a solicitor. Personal Injuries Assessment Board might also be worth looking over.



Where and when did the accident occur?

John R

Most likely you will get a claim on your insurance from the cyclists, did they take your insurance details?

People opening car doors on cyclists is a very common cause of injuries, had it done to me some years ago by a driver.

You could possibly claim that the cyclist shouldn't have been passing on the inside but equally you should have indicated and pulled up to the pavement to let the passenger out so if they do make a claim you don't will be mostly to blame.

corktina

John R wrote:

Most likely you will get a claim on your insurance from the cyclists, did they take your insurance details?

People opening car doors on cyclists is a very common cause of injuries, had it done to me some years ago by a driver.

You could possibly claim that the cyclist shouldn't have been passing on the inside but equally you should have indicated and pulled up to the pavement to let the passenger out so if they do make a claim you don't will be mostly to blame.

probably true...your one hope is that there were two of them on the bike,meaning they were not in proper control of it. Hope you have some witnesses......

spockety

Did the passenger open their door onto a cycle lane like?

Victor

Are you required to advise your insurance company of any potential claims?

You willl likely be held responsible for the actions of your passenger.

John R wrote:

You could possibly claim that the cyclist shouldn't have been passing on the inside

This is where cyclists are obliged to be.

besty

spockety wrote:

Did the passenger open their door onto a cycle lane like?

It was onto a road where it was a bus lane from 4 but before that it was occupied by traders with stalls and stuff. There were a number of ladies working on the stalls that saw what happened.

As for the insurance. I gave my phone number to the injured man's friend. I haven't yet informed the insurance company.

Thanks for the replies...

Hagar

Don't inform your insurance company until you absolutely must. The man may never make a claim and you will have put your foot in it as it will be on your record with the insurance co. I think the injured party has something like 5 years to make a claim. I may be totally wrong there I'm going on heresay. In the meantime they may penalise you.

besty

Hagar wrote:

In the meantime they may penalise you.

are you referring to the insurance company? The Gardai are going to call me at some stage to arrange a statement from myself and my sister. The 2 men were Polish so I presume they will be relying on the Gardai for their advice.

Victor

Hagar wrote:

I think the injured party has something like 5 years to make a claim.

Personal injury is 2 years (used to be 3 years).

Hagar

It's a possibility. Insurance companies are very conservative and may well take a view that a claim will arise and suspend any no claims bonus you have pending a final outcome of the incident.

I bow to Victor's superior knowledge regarding the statute of limitations regarding personal injuries claims.

besty

OK, thanks fellas. I suppose there's not much more I can do before giving the statement. I just really really dont want to find out that I'm being sued for €20,000 out of nowhere!

BrianD

I would make a report to your insurance company as soon as possible. If this comes to a claim your word is in first. At the very least document the facts for yourself instead of trying to remember them in six months time.

besty

BrianD wrote:

I would make a report to your insurance company as soon as possible. If this comes to a claim your word is in first. At the very least document the facts for yourself instead of trying to remember them in six months time.

But surely i shouldnt put a black mark against my name unless I am liable?

BrianD

It's not a claim it's a report. Think of it as a proactive step.

shltter

besty wrote:

But surely i shouldnt put a black mark against my name unless I am liable?

You are liable I would have no doubt about that someone in your car opened a door onto a passing cyclist the only doubt is wether the Polish guys will claim if the cyclist was Irish I would not even think that there would be a doubt.
As for informing the insurance company well you are supposed to inform them the chances are that any no claims bonus you have will be suspended until the 2 years have elapsed. If you choose not to inform them you could claim stupidity or ignorance later on.

besty

shltter wrote:

You are liable I would have no doubt about that someone in your car opened a door onto a passing cyclist the only doubt is wether the Polish guys will claim if the cyclist was Irish I would not even think that there would be a doubt.
As for informing the insurance company well you are supposed to inform them the chances are that any no claims bonus you have will be suspended until the 2 years have elapsed. If you choose not to inform them you could claim stupidity or ignorance later on.

But there are obviously mitigating circumstances (2 on the bike, no helmets, stalls on the road etc.) I don't think it's as cut and dried as you are making out. In fairness, maybe it's just hoping. I just think that youre screwed either way, either with insurance premium or a fat compo cheque.

shltter

besty wrote:

But there are obviously mitigating circumstances (2 on the bike, no helmets, stalls on the road etc.) I don't think it's as cut and dried as you are making out. In fairness, maybe it's just hoping. I just think that youre screwed either way, either with insurance premium or a fat compo cheque.

Yes but my understanding is that at best those factors may limit some of your liability ie the person on the bike may be found to have contributed to their injuries but at the end of the day it was the car door that knocked him of the bike.

As for the points I don't think it is mandatory to wear a helmet on a bicycle in this country. I dont know if there is any law against having 2 people on a bicycle and the stalls on the road would be irrelevant unless they were not supposed to be there and contributed in some way to the accident which the OP never suggested.

i honestly do think it is cut and dried the OP is in charge of the vehicle the door opened on the vehicle the OP was in charge of and knocked a cyclist from his bike causing him injury that is it.

daymobrew

besty wrote:

But there are obviously mitigating circumstances (2 on the bike, no helmets, stalls on the road etc.) I don't think it's as cut and dried as you are making out. In fairness, maybe it's just hoping. I just think that youre screwed either way, either with insurance premium or a fat compo cheque.

Helmets are not compulsory in Ireland. I don't believe having two people on a bike is illegal either.

You should read the thread in the Cycling forum where a guy was the victim of someone opening their car door without looking and he was knocked off his bike.

I witnessed a cyclist get knocked down by a motorist one morning (motorist didn't look carefully enough as he came from a side road). The cyclist was Eastern European. A few days later he tried to get money from the motorist instead of making a report to the Gardai. I can only assume that he was working here illegally. The motorist held firm that he wanted to go through his insurance company. AFAIK the cyclist didn't make any more contact. You could say that the motorist got 'lucky'. You might encounter a similar scenario.

Good to hear you looked after the hurt cyclist. The non-arrival of the Gardai is pathetic.

Finally, please tell me that you and your passengers will check for cyclists in the future.

John_C

Slightly off topic,
but I've gotten into the habbit of unlatching the door and then waiting a second or two before opening it i.e. I unlatch the door before I take my seatbelt off. I think that even if you look you can still miss someone, especially a cyclist who is silent, small and unlit ant night. Unlatching the door so that it opens an inch or two gives someone a warning that it's likely to open.