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Compensation for Cyclist Doored by Car

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    #32
    Uriel.
    Registered Users Posts: 8,061 ✭✭✭Uriel.


    Elias Slimy Tango wrote: »
    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.

    Sounds to me like he's trying to claim because he feels he can, not because there's actually a genuine reason (i.e. A loss). Opportunism appears to be the order of the day here. Quite disheartening but not surprising the way things are going.


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    #33
    Rayne Wooney
    Registered Users Posts: 14,136 ✭✭✭✭Rayne Wooney


    Elias Slimy Tango wrote: »
    Also the fact remains that you didn't cycle with due care and attention expecting the unexpected.

    .


    That is ridiculous to be honest, you wouldn't get past the front door into the big bad world if people had to expect the unexpected the way you are trying to pitch it here. What was he supposed to do?

    OP if you are injured fair enough but if not and the van driver doesn't try to claim off you I don't see why you should be compensated.


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    #34
    blackmadra
    Registered Users Posts: 65 ✭✭blackmadra


    Hrududu wrote: »
    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.
    Elias Slimy Tango wrote: »
    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?.

    Well basically yeah! I haven't gone a doctor yet and I think my bike is fine. I'm not out of pocket. Honestly I don't know how the system works so I came here for advice. I was simply coming home from work this evening and due to the negligence of a driver I am now pretty much stuck indoors for the next few weeks. Probably feeling a bit sorry for myself.

    Do I deserve to be compensated for this financially? Most of the commenters don't seem to think so. But I though that is what insurance was for! Btw I pay car insurance too. Obviously the compensation should be proportional to the injury suffered, which in this case is not that bad (hopefully). Is there a minimum cut off level?

    I'm not a scam artist. I didn't ask for this but if the law says that I can claim against her insurance because I got doored then why shouldn't I? I'm not exaggerating anything.
    Elias Slimy Tango wrote: »

    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.
    .

    I think the van owner would want to claim alright. That's why I gave his details to the guards so they could contact him. He may not have noticed the damage to the back door right away.


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    #35
    blackmadra
    Registered Users Posts: 65 ✭✭blackmadra


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

    Yeah I gave the Guards the details of both vehicles and the contact details of the driver so hopefully he's not left out of pocket


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    #36
    Frynge
    Registered Users Posts: 1,667 ✭✭✭Frynge


    You have already said that you are an active person, and yes this might affect your planned activity for the next two weeks but you going for a walk instead of a run tomorrow is thankfully the sum of your being 'put out'.


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    #37
    blackmadra
    Registered Users Posts: 65 ✭✭blackmadra


    Uriel. wrote: »
    Sounds to me like he's trying to claim because he feels he can, not because there's actually a genuine reason (i.e. A loss). Opportunism appears to be the order of the day here. Quite disheartening but not surprising the way things are going.

    Well I guess that depends how you define a loss. I won't be able to ride my bike for a week or two through no fault of my own. Unless you are a cyclist you don't understand the significance of that.

    Maybe it's not enough of a loss to justify compensation. I don't know! I came here to see if anyone could enlighten me. I haven't decided what I'll do yet.


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    #38
    [Deleted User]
    Posts: 18,749 ✭✭✭✭ [Deleted User]


    My brother was a bicycle courier for a few years, he got knocked off his bike twice, the same as the OP.
    He didn't do anything at the time, thought he wasn't hurt, he didn't even get details of the drivers.
    He now has shoulder and elbow problems, has spent a fortune on MRI scans, physiotherapy and doctors fees.
    He is out thousands of euros over the years.
    Had to stop that job.
    Point is OP, you never know what long term injuries you may have, so don't worry too much about compo right now, but keep details of all medical fees etc you have.
    You might find 6 months down the line, there could be injuries you didn't realise you had.


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    #39
    blackmadra
    Registered Users Posts: 65 ✭✭blackmadra


    Frynge wrote: »
    You have already said that you are an active person, and yes this might affect your planned activity for the next two weeks but you going for a walk instead of a run tomorrow is thankfully the sum of your being 'put out'.

    That's not too far off I guess although I won't be walking very far. I guess if you boil it all down, someone accidentally busted up my knee with their car and now I can't use it fully for a while. Under the law does that entitle me to compensation?

    I'm asking about the law, not do you think that I should be entitled. Clearly a lot of people here don't


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    #40
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    blackmadra wrote: »
    someone accidentally busted up my knee with their car and now I can't use it fully for a while. Under the law does that entitle me to compensation?

    I'm asking about the law,

    Really, you'll have to talk to a solicitor to get this info. Personally, I think you should call one to ask.


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    #41
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    blackmadra wrote: »
    Well basically yeah! I haven't gone a doctor yet and I think my bike is fine. I'm not out of pocket. Honestly I don't know how the system works so I came here for advice. I was simply coming home from work this evening and due to the negligence of a driver I am now pretty much stuck indoors for the next few weeks. Probably feeling a bit sorry for myself.

    Do I deserve to be compensated for this financially? Most of the commenters don't seem to think so. But I though that is what insurance was for! Btw I pay car insurance too. Obviously the compensation should be proportional to the injury suffered, which in this case is not that bad (hopefully). Is there a minimum cut off level?

    I'm not a scam artist. I didn't ask for this but if the law says that I can claim against her insurance because I got doored then why shouldn't I? I'm not exaggerating anything.



    I think the van owner would want to claim alright. That's why I gave his details to the guards so they could contact him. He may not have noticed the damage to the back door right away.

    Insurance is their to cover loss due to injury or damage. Your not at a loss and as dar as your aware done have any lasting injuries.

    You're responsible to drive/ cycle with due care and attention as well as the other person.
    If I'm driving I've to do so with the expectation a car door may open or a pedestrian may walk out in front of me.same goes for me when I'm on my bike.


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    #42
    ED E
    Registered Users Posts: 36,167 ✭✭✭✭ED E


    This is why DCC refused for years to build skateparks for kids. Compo culture at its finest.


    All drivers(which cyclists are includes as under vienna 68) have a duty of care to be able to stop, what would happen if a child stepped out from behind a car? You hit them. As a cyclist I know this isn't always possible to avoid (had a very close call on Aungier St before with two young girls) but legally you could be considered at fault. PIAB allow 9 months to claim so sit on it just in case but really I wouldn't go stoking a fire that could be turned back on you. Person in the rear is "always" responsible.


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    #43
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    ED E wrote: »
    what would happen if a child stepped out from behind a car? You hit them.

    This is close to being the car/bike version of Godwin's Law.

    To reiterate the OP:
    blackmadra wrote: »
    . 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.


    In other news, a cyclist who was in a collision with a pedestrian two days ago died today.

    http://www.independent.ie/irish-news/news/tributes-paid-to-cyclist-who-died-after-collision-with-a-pedestrian-in-the-phoenix-park-34687597.html


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    #44
    Tar.Aldarion
    Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,090 Mod ✭✭✭✭Tar.Aldarion


    blackmadra wrote: »
    Well basically yeah! I haven't gone a doctor yet and I think my bike is fine. I'm not out of pocket. Honestly I don't know how the system works so I came here for advice. I was simply coming home from work this evening and due to the negligence of a driver I am now pretty much stuck indoors for the next few weeks. Probably feeling a bit sorry for myself.

    Do I deserve to be compensated for this financially? Most of the commenters don't seem to think so. But I though that is what insurance was for! Btw I pay car insurance too. Obviously the compensation should be proportional to the injury suffered, which in this case is not that bad (hopefully). Is there a minimum cut off level?

    I'm not a scam artist. I didn't ask for this but if the law says that I can claim against her insurance because I got doored then why shouldn't I? I'm not exaggerating anything.



    I think the van owner would want to claim alright. That's why I gave his details to the guards so they could contact him. He may not have noticed the damage to the back door right away.
    Quite reasonable questions I feel, I guess just contact the injuries board and see what they think. They do award very low compensation amounts too.

    E.G.

    Highest Award 2013: €972,898
    Lowest Award 2013: €70


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    #45
    RedemptionZ
    Registered Users Posts: 1,758 ✭✭✭RedemptionZ


    He was doored while cycling in a cycling lane. He is entitled to claim insurance. We don't know the financial situation of the OP and he may well struggle to pay for the doctor and any possible physios. I was doored before in a similar situation but the person stayed in the car and they drove off and I ended up doing a ligament in my knee and was out of action for months and left with to foot the bill.

    The OP's injury mightn't be as severe but you really never know with the knee, the injury could be lingering for a long while unless he goes to the doctor and possibly gets an MRI scan, all of which cost money. People using this as a stick to beat 'compo culture' and high insurance rates with is bizarre. He was injured directly due to someone else's actions.


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    #46
    prinzeugen
    Closed Accounts Posts: 2,891 ✭✭✭prinzeugen


    RedemptionZ wrote: »
    He was doored while cycling in a cycling lane. He is entitled to claim insurance.

    Claim for what? The only damage seems to be to the car and van. To dent a van means the OP must have been going at some whack.. Not expecting the unexpected!

    Its commonsense to slow down when passing stationary traffic for just this reason..

    Being on a cycle in a cycle lane does not make you immune from blame.


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    #47
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    OP anyone who makes a 'claim' for anything is, on Boards, immediately responsible for simultaneously preventing conkers being played and ruining Xmas.

    The only possible argument here is that there may be contributory negligence which hasnt been a total bar in well over 100 years.

    There is, however, a very good reason not to progress this with a solicitor... Tomorrow's Saturday. :pac:

    Insurance keeps going up because people drive like Muppets and hurt people. Lay the fault where it belongs.


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    #48
    prinzeugen
    Closed Accounts Posts: 2,891 ✭✭✭prinzeugen


    MarkAnthony wrote: »
    Insurance keeps going up because people drive like Muppets and hurt people. Lay the fault where it belongs.

    I forgot cyclists are saints and victims and never do wrong! But that is for another thread/forum....


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    #49
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    prinzeugen wrote: »
    I forgot cyclists are saints and victims and never do wrong! But that is for another thread/forum....

    That's pedestrians.

    as John Masefield said, all I ask is a pedestrian with a tall PI case and a star to steer her by.


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    #50
    endacl
    Registered Users Posts: 22,252 ✭✭✭✭endacl


    OP. You ar perfectly 'entitled' to pursue a claim. There's no law against asking. Whether you 'should', of course, is a matter best left to your knee and your conscience.


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    #51
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    I've been doored with no serious effects before - I'd be interested to know if there is an effective mechanism for complaint leaving compo aside?

    I went under a car that pulled out in front of me a few years ago. Banged the elbow, got up, glared, moved on. Over the next few weeks it worsened but faded again and its only now two years later that I'm really feeling the long-term effects- not full movement, ache in certain positions, etc.

    I think at a minimum the price of an MRI scan and a physio session to ensure you're not carrying more damage than you might think is a very proportionate and reasonable cost for the responsible party to bear in these circumstances- I'm sorry now I didn't pursue this and anyone telling you to feel guilty about taking such steps has an agenda they're following imo.


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    #52
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Deleted User wrote: »
    I've been doored with no serious effects before - I'd be interested to know if there is an effective mechanism for complaint leaving compo aside?

    A criminal complaint under S2. or S3. NFOAPA.

    Alternatively pursue a civil complaint and either ask that only token damages are awarded or donate the money to charity.


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    #53
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    It is the responsibility of the driver and passenger of a car to check and ensure that it is safe to open the car door either in traffic or parking, paying particular attention to watching out for other road users particularly cyclists and motor bike riders.
    It says this in at least two parts of the rules of the road.

    There are plenty of numpties out there swinging doors open like they are in a field and not taking any time to look for anything coming. I've seen doors cleaved off by all sorts including a bus because whoever was opening the door did not take a moment to have a look around.
    It happened to me on a motorbike, and it caused the bike to go out of control and to tear the side off a brand new Merc. The Merc driver went after the other car driver for the damage repairs because he had caused the accident. His only contact ever with me after the accident was his witness statement.
    A passenger getting out of my brother in laws car kerb side knocked a cyclist flying. Cyclist had injuries and bike damage and the insurance paid for it. My brother in law contested saying the cyclist was passing the car between the car and the footpath and both the insurance company and the Garda said that he should have checked to make sure that it was safe to open the car door.

    @ the O.P.
    Injures can take little to show themselves. See how you are over the weekend. Go to your g.p. if you feel you need to and speak with a solicitor during the week, even if it is only to protect yourself from a claim by the van owner for the damage caused.


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    #54
    Tell me how
    Registered Users Posts: 21,522 ✭✭✭✭Tell me how


    blackmadra wrote:
    Anyway there was no permanent damage to me.

    Personally, I think it's sad you're looking to make money from this.

    If you had been smashed up you might be lying in hospital thinking if only I had a bump on the knee but now....

    Life is tough sometimes you get knocks, sometimes they aren't too serious. Be thankful this wasn't.


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    #55
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    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.

    There is a reason car insurance has become prohibitive.. And it is because of claims like this. Insurance is to compensate for loss of something - not a weekend spent indoors!


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    #56
    To Elland Back
    Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    blackmadra wrote: »
    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.

    You would succeed in getting compensation if you went for it. Your REAL motivation for doing so is truly shocking.


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    #57
    marklazarcovic
    Registered Users Posts: 6,211 ✭✭✭marklazarcovic


    got knocked of my bike years back,warped frame but id only bangs and bruises so i did nowt except get the womans number so she could pay for bike (she was a nurse) she was all apologies and even dropped me home ..

    she gave me a false number and ive been paying for it physicaly since.. if your hurt go to a solicitor,not here.


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    #58
    andekwarhola
    Registered Users Posts: 4,638 ✭✭✭andekwarhola


    Elias Slimy Tango wrote: »
    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?

    It comes in various paper denominations and supposedly 'makes the world go round'.

    Have a wild guess.


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    #59
    Darkglasses
    Moderators, Computer Games Moderators, Sports Moderators Posts: 14,526 Mod ✭✭✭✭Darkglasses


    Get checked by a medical professional before deciding if you're OK or not. There's tonnes of stories on Boards of people who were in your position and had long lasting issues as a result of not doing so.

    There'll be people on Boards telling you not to claim no matter what happened to you. Speak to a solicitor. Dooring is absolutely no joke


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    #60
    Penalty
    Registered Users Posts: 84 ✭✭Penalty


    Compensation because you have to be less active for the weekend???

    Fair enough if you are hurt or you are at a loss - you have said you are not so what exactly do you want to be compensated for??

    People laugh at the US for the compo culture there - Ireland is worse and threads like this and silly court awards prove it.

    This is way kids can't run in a playground etc

    Why insurance is spiralling out of control.

    Compensation is to offset a loss - you have no loss.

    That said i'm sure there are tons of solicitors who will fight your case and get you some compo which is ultimately paid for by everyone who pays insurance.


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    #61
    wexfordman2
    Registered Users Posts: 2,543 ✭✭✭wexfordman2


    blackmadra wrote: »
    Well I guess that depends how you define a loss. I won't be able to ride my bike for a week or two through no fault of my own. Unless you are a cyclist you don't understand the significance of that.

    Maybe it's not enough of a loss to justify compensation. I don't know! I came here to see if anyone could enlighten me. I haven't decided what I'll do yet.

    I had the flue a few weeks back, was bed ridden for a week, and had to cancel weekend plans, still coughing three weeks later

    Thing is, I know who I got it off, am I entitled to claim and should I!


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