Liability – who is to blame for the accident?
Quite simply, there is a duty to check your mirror and blind spot before opening a car door. This duty extends to passengers also. If the cyclist was filtering then they will need to consider the position regarding filtering cases
In our experience, the issue with these cases is seldom with liability and more around whether the insurance company will cover the actions of a passenger. For cyclists, a passenger door collision is more common. As they are not technically the insured person, some insurers will argue that they are not liable for them. While you could still pursue a case against the passenger directly, this is far from desirable as getting any payment from them will prove near impossible. Therefore, a properly experienced cycling lawyer will push the insurer to cover the actions of the passenger and when pushed, most insurers will back down and admit liability/payout on behalf of the passenger.
Why choose cycle claim line?
Our legal team has a huge amount of experience when it comes to cycling and motorcycling accident claims. We have specialised in two wheel claims for nearly 30 years. Car door cases can be straightforward on liability, but if the case involves a passenger, then you need an expert legal team who are experienced and confident enough to take on the insurance company and push them to provide cover to the passenger in order to pay out your compensation and losses. In addition, while liability can be straightforward, the types of injuries sustained are often complex and require a special understanding around these types of impacts and the recovery times and lasting implications. We’re proud of our 96% win rate and our longstanding record of standing up for and representing the rights of cyclists and motorcyclists. We always work under a conditional fee agreement (commonly referred to as a “no win no fee agreement”). You do not need to have legal cover or legal protection. If your case is not successful, you do not have to pay a penny.