Compensation for Cyclist Doored by Car

blackmadra

So I got doored today when cycling home. I was in the bike lane and a passenger door of a car that was stopped in traffic opened without warning. I hit the brakes but it clipped me as I went past and I slammed into the back of a parked van. Got the details of the passenger, reg of the car she got out of and the contact details of two witnesses on the street. I put a nice dent and a scratch into the back of the van so I went to the local Garda station to report it. They will contact the van owner.

Anyway there was no permanent damage to me. My knee and elbow took the brunt of the impact. I was able to walk home but in the last hour my knee has swollen quite a bit started hurting a lot more since the shock has gone away. I doubt there will be any lasting damage here, but it does scupper my weekend plans quite a bit. I was planning on a nice cycle up over the Sally Gap tomorrow but looks like my weekend will be spent indoors now. Possibly next weekend too.

Is this worth pursuing in a legal way? Would I be entitled to any significant compensation? Who would be liable, the driver or the passenger?

Thanks in advance for any advice.

MarkAnthony

I'd say it's the driver and you should probably go down the route of claiming from their insurance. If nothing else you'll need sort the van which shouldn't be directly seeing you out of pocket.

To be frank it's probably worth running by a solicitor as even small dents/scratches can be expensive to resolve. An initial phone call with a solicitor shouldn't cost you anything and then you can play it from there.

Hope everything mends well!

Paulw

blackmadra wrote: »

Would I be entitled to any significant compensation?

Compensation for what?

blackmadra

Cheers Mark, I think I'll call a solicitor tomorrow.

Paulw wrote: »

Compensation for what?

For the injury I suffered as a result of the negligence of the driver/passenger. I guess my question is, would I be entitled to any level of compensation for my injury even though it is pretty minor?

Pro Hoc Vice

Paulw wrote: »

Compensation for what?

Medical expences, possible time off work and pain and suffering. I had a fall (my own stupid fault) 2 years ago in cold weather still I can get nasty pain in ankle, if that was someone else's fault I would have considered a claim.

athtrasna

http://www.injuriesboard.ie/eng/

You can estimate your claim on here but I'm not sure you qualify under any of the categories

Pro Hoc Vice

athtrasna wrote: »

http://www.injuriesboard.ie/eng/

You can estimate your claim on here but I'm not sure you qualify under any of the categories

Why not?

blackmadra

Thanks Athrasna for the helpful response. There is a category for knee injuries. It says

"Up to €28,400 – Minor soft tissue injury to knee – good recovery"

I know I would be way down at the lower end of the scale but it might be worth something. It would mostly just make me feel like there was some sort of justice if the driver lost her no claims bonus for the year.

athtrasna

blackmadra wrote: »

Thanks Athrasna for the helpful response. There is a category for knee injuries. It says

"Up to €28,400 – Minor soft tissue injury to knee – good recovery"

I know I would be way down at the lower end of the scale but it might be worth something. It would mostly just make me feel like there was some sort of justice if the driver lost her no claims bonus for the year.

So you want revenge against the driver for the actions of the passenger?

To prove soft tissue damage you will need medical reports and diagnostic imaging.In the meantime grab yourself a bag of frozen peas, better than any ice pack.

Pro Hoc Vice

athtrasna wrote: »

So you want revenge against the driver for the actions of the passenger?

To prove soft tissue damage you will need medical reports and diagnostic imaging.

It is the insured fault as he more than likely did not warn passenger of danger of opening door on cycle path, if the drivers insurance not liable then the passenger may have an award made against him.

Any claim for compensation will require medical reports, I assume the OP will only claim if he has suffered injury and loss.

blackmadra

Firstly I don’t think there is any serious damage done. It is fairly painful to move my knee right now and it has swollen up into a big lump. I’d say it will probably be fine in a two weeks but I am no doctor. I think an MRI would be overkill but I could certainly get a doctors report saying I was somewhat debilitated for a period of time.

I’m also not a solicitor and have never been in a situation like this before so I don’t know how the system works. Is it the drivers fault for not pulling in somewhere safe before letting their passenger out?

In terms of losses, I won't miss work on Monday but I might have to get the bus in. It has also ruined my weekend plans. I'm very active person (running, cycling, gym etc) and I won't be able to partake in any of that for a week or two. How do you put a value on that? And by the way I'm certainly not about to start exaggerating anything. I have given the honest facts here and I'm just wondering if I would be entitled to anything.

Here is a question: if a cyclist was hit by a door in the same way I was, but suffered a more serious injury like a broken bone, would the driver be at fault or the passenger?

athtrasna

Unless you have a medical degree I'd leave it to the doctor to decide if an MRI is necessary, knees are very complicated structures.

The link I sent you has information on how to claim. If you're claiming straight out for an injury it's relatively straight forward. If you're going to try to get further money because your plans are ruined then you really need to talk to a solicitor.

Mongfinder General

So the door that you clipped belonged to a car that was stopped in traffic? How far ahead were the next set of lights?

blackmadra

Mongfinder General wrote: »

So the door that you clipped belonged to a car that was stopped in traffic? How far ahead were the next set of lights?

Yes she was stopped in traffic about 40m from the next lights. Not sure why that is relevant?

vg88

Something similar happened to be. Got left hooked at outside a supervalue. I got the insurance and witnesses, but I only asked 200 for my bike to be fixed and for bandages for my sprained wrist.

I didn't go into insurance or legal route as it was a accident and he was sorry about it. Before you take legal steps, if it was an honest mistake do you really want to hold it against them. Imagine someone in your family making a mistake like this and having to face a huge financial burden.

It's up to you whatever you, just try not to look at as how much money you can get out them.

Pro Hoc Vice

moloner4 wrote: »

Something similar happened to be. Got left hooked at outside a supervalue. I got the insurance and witnesses, but I only asked 200 for my bike to be fixed and for bandages for my sprained wrist.

I didn't go into insurance or legal route as it was a accident and he was sorry about it. Before you take legal steps, if it was an honest mistake do you really want to hold it against them. Imagine someone in your family making a mistake like this and having to face a huge financial burden.

It's up to you whatever you, just try not to look at as how much money you can get out them.

That is what insurance is for, it is my belief the insured driver would more than likely be responsible. Let's look at it another way what if the OP was seriously injured or died would his family say as sure it was only a mistake. It's stupid to open any car door especially in traffic with out looking and just as stupid of the driver who let a passenger get out in traffic.

blackmadra

athtrasna wrote: »

Unless you have a medical degree I'd leave it to the doctor to decide if an MRI is necessary, knees are very complicated structures.
.

Is claiming for an injury not the same as claiming for ruined plans? If broke a bone, I would have something between 3 -6 months of ruined plans plus some pretty severe pain. I would then definitely be entitled to claim for compensation. Thankfully in my case it is probably only going to be 1-2 weeks with not so severe pain. Does that not entitle me to something?

And we wonder why car insurance premiums are going through the roof!

mfceiling

blackmadra wrote: »

I guess my question is, would I be entitled to any level of compensation for my injury even though it is pretty minor?

You forgot where you mentioned "significant" compensation for your "pretty minor" injury.

Mongfinder General

blackmadra wrote: »

Yes she was stopped in traffic about 40m from the next lights. Not sure why that is relevant?

Hmmm, that could be a determining factor in court. If the lights were red and you did not endeavour to slow down approaching a red light then this may work against you as there is a reasonable expectation that you would reduce your speed in this situation. The impact and injury to your knee as well as the damage caused to the van may well indicate that you did not exercise due care to other road users in that you did not reduce speed accordingly. there may be a case for contributory negligence on your part. Also I'm sure that if the defendant has a decent solicitor they will review cc tv in the area leading up to the incident. If you have broken any rules of the road in the lead up to the crash this may be a mitigating factor

blackmadra

moloner4 wrote: »

I didn't go into insurance or legal route as it was a accident and he was sorry about it. Before you take legal steps, if it was an honest mistake do you really want to hold it against them. Imagine someone in your family making a mistake like this and having to face a huge financial burden.

Well yeah it was an accident and she said sorry but if I am entitled to compensation based on what happened to me then I want to pursue it. I don't think there is any damage to my bike either. Fair play to you for being more understanding than I sound right now. But in the direct aftermath of the event, I guess I am feeling a little hard done by. Maybe I'll chill out a bit in a day or two.

Pro Hoc Vice

[Deleted User] wrote: »

And we wonder why car insurance premiums are going through the roof!

PIAB was supposed to sort that but funny thing is cost of insurance going up. I notice the Insurance companies don't show figures to show rice in payouts to justify their increases, would be easy to show here are our total payout 10 years ago 5 years ago and now. If anyone has such figures I would love to see them.

vg88

blackmadra wrote: »

Well yeah it was an accident and she said sorry but if I am entitled to compensation based on what happened to me then I want to pursue it. I don't think there is any damage to my bike either. Fair play to you for being more understanding than I sound right now. But in the direct aftermath of the event, I guess I am feeling a little hard done by. Maybe I'll chill out a bit in a day or two.

I gave myself two days to make my decision. Just take your time and don't rush it on emotions.

blackmadra

Deleted User wrote: »

And we wonder why car insurance premiums are going through the roof!

I'm not trying to screw the system here. I'm not telling any lies or distorting the truth. If I'm entitled to compensation based on the fact presented then it's hardly my fault premiums are going up.

Frynge

blackmadra wrote: »

Is claiming for an injury not the same as claiming for ruined plans? If broke a bone, I would have something between 3 -6 months of ruined plans plus some pretty severe pain. I would then definitely be entitled to claim for compensation. Thankfully in my case it is probably only going to be 1-2 weeks with not so severe pain. Does that not entitle me to something?

I think you're going to have to change your attitude fairly sharpish, you are not entitled to anything.

If you have suffered a loss because of the driver or passenger you could very well be compensated for that loss.

Quite frankly it is things like this that have insurance so high in this country. By the sounds of things the only injury you have is dollar signs burning into your eyes.

blackmadra

Mongfinder General wrote: »

Hmmm, that could be a determining factor in court. If the lights were red and you did not endeavour to slow down approaching a red light then this may work against you as there is a reasonable expectation that you would reduce your speed in this situation. The impact and injury to your knee as well as the damage caused to the van may well indicate that you did not exercise due care to other road users in that you did not reduce speed accordingly. there may be a case for contributory negligence on your part. Also I'm sure that if the defendant has a decent solicitor they will review cc tv in the area leading up to the incident. If you have broken any rules of the road in the lead up to the crash this may be a mitigating factor

She opened the car door into an active cycle lane without looking first. You would need a very good solicitor to argue it was the cyclists fault.

I wasn't going that fast at the time or I would probably have sustained much worse injuries.

blackmadra

moloner4 wrote: »

I gave myself two days to make my decision. Just take your time and don't rush it on emotions.

You probably did the right thing. I genuinely don't know how the system works and came onto boards now to see if someone could enlighten me. Certainly haven't made any decision yet.

blackmadra

Frynge wrote: »

Quite frankly it is things like this that have insurance so high in this country.

You're right! If drivers paid more attention to their surroundings insurance premiums would be a lot lower.

uck51js9zml2yt

The driver is responsible for the passengers actions.
What gets me is that you've said your bike is fine and you don't think there is any lasting damage to you, so what exactly are you trying to claim for?

The only one I can see who should be claiming is the van driver.
Also the fact remains that you didn't cycle with due care and attention expecting the unexpected.

As a driver, if a cyclist was involved in an accident with me who had no lights and dark clothing, id still be responsible.

I'm sorry op but unless a medic says you have an injury , and they might ,I think you need to build a bridge and get over it.

Hrududu

blackmadra wrote: »

I'm not trying to screw the system here. I'm not telling any lies or distorting the truth. If I'm entitled to compensation based on the fact presented then it's hardly my fault premiums are going up.

Compensation for what though?

She was definitely in the wrong and you should not be out of pocket for this. So if your bike was damaged etc I would try to work it out with the driver, if they weren't willing to pay then go to the insurance company.

But it sounds (and I might be wrong) that no damage was done to your bike. Your injury so far is a sore knee. So I'm not sure what you think you're entitled to. Just some money because it happened?

In saying that definitely keep an eye on your knee. I found when I had an accident that it was only a couple of days after that things started swelling etc so take care.

Frynge

blackmadra wrote: »

You're right! If drivers paid more attention to their surroundings insurance premiums would be a lot lower.

If people who suffer the smallest of inconveniences didn't have the first thought of running to a solicitor waving their hands shouting "compensation, compensation, what am I entitled to!" Insurance premiums would be a lot lower.

In fairness you haven't even slept on it you and you are online wondering about how much you are going to get for your 'injury', you have a bit of a bump on your knee, get over it and get over yourself while you are at it.

The only thing you should be concerned about in terms of insurance is getting the details of the drivers insurance to the van owner.