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Cyclist liability in a crash.

  • 12-06-2013 1:15pm
    #1
    blackeyedpeat
    Registered Users, Registered Users 2 Posts: 109 ✭✭


    I nearly had a crash this morning and it got me thinking.
    A car was stopped in traffic. I was moving through traffic on the left between the cars and the grass verge. A passenger got out of the left passenger car door in traffic ( no indicator or hazards), I braked and tyo avoid a crash I had to bail off and fell onto a grass verge. Nobody was struck or injured.( No cycle lane).

    Would I be to blame if I struck the passenger or car door?
    If so is there a need for insurance or is insurance even available?


Comments

  • #2
    Mycroft H
    Registered Users, Registered Users 2 Posts: 9,313 ✭✭✭Mycroft H


    blackeyedpeat wrote: »
    Would I be to blame if I struck the passenger or car door?

    No. Passenger is responsible for checking behind him. Driver would be responsible if passenger was a minor.
    blackeyedpeat wrote: »
    If so is there a need for insurance or is insurance even available?


    I think Cycling Ireland membership has public liability insurance included. I don't have it myself, maybe someone can clarify.


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    It's situation dependent. If you were in a cycle lane, then no you couldn't be at fault. But if you were squeezing through a gap of maybe less than 0.5m, then the motorist could claim that he was stopped for the purposes of alighting and you shouldn't have been overtaking on the left.

    If you're not at fault, then the driver of the vehicle is at fault, not their passenger. I think there was a similar discussion recently, basically if a passenger jumps of the vehicle and strikes a person or vehicle with the door, it's the driver's liability.

    Yes, Cycling Ireland basic membership comes with 3rd party liability insurance which covers you doing approved events, touring or "training". Strictly speaking you're not covered while commuting unless you're "training" and can read between the lines.


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