DC knocked over a cyclist

[blueirishues]

The situation was that I pulled up and dc opened the car door, a cyclist went into it and over the top. My door is damaged and cyclist shouting all sorts about going to sue what are the rights and wrongs here?

Actually not illegal as getting made legal in places again to ride on pavement

I was knocked off some years ago by a car door, called opening a door to danger legally. I got a £5000 pay out for splitting my arm open. I ride a doors width out now.

Oh god

Your DC fault. Irrespective, if it was a cyclist passing, anyone should look before they open a car door whether you're the driver passenger or sitting at the rear.

*It is up to the cyclist to try and sue the girl ( and nearly certainly the court would ask why he hadn't got/wasn't claiming off his own insurance)

Why would you sue a 9 year old? How much money do you imagine they are likely to have?

And no, a court wouldn't ask why he wasn't claiming off his insurance. In every claim between car drivers both will have insurance, and in practice it is usually the insurance companies driving the litigation because they are entitled to recover their losses.

It is unquestionably the driver who is potentially liable.

Maybe when the cyclist has calmed down she will decided not to sue you, I feel that might be a bit much! Unless she is really hurt and not able to work or something! We are human and make mistakes, it was a child that open the door! But some people are greedy and out for what they get!

Well if she's not hurt and there's no damage then there wouldn't be anything to sue for

If I had a few days off work with concussion and bumps and bruised, I certainly wouldn't be out for anymore than the money I had list through not working. The car driver could cough up that and any repairs for the bike, helmet etc.

I recently came of my bike and the bill for repairs and helmet was £300

I have insurance but my insurance would be wanting the driver to pay up if it was their fault.

After all if it's the car driver at fault then they should be willing to pay for any mistake they made.

I agree with ivykaty44 paying for repairs to her bike would be fair!

Just for info, the OP said on another thread that she has hidden this one, so she isn't reading and won't be posting.

If the cyclist was "undertaking" you, it wasn't your fault

Milliesmum but we know that the cyclist wasn't undertaking the car, we know that the cyclist was hit by the child opening the rear off side passenger door. We also know that the highway code states you must not hit a person with your car door, regardless of whether they are on the near side or off side - making your statement incorrect.

dc just didn't look properly. I think she will in future

You THINK she will..really doesn't cut it, she needs to be educated by her parents / guardians and the adult in the car to actually pay attention

I know it is just a kid, but this really hits a nerve with me as a young man I know in his twenties was killed last year, by this very thing, someone opening a car door into his path whilst he was cycling!