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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

DC knocked over a cyclist

363 replies

blueirishues · 31/01/2017 16:33

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 Shock what are the rights and wrongs here?

OP posts:
ArmySal · 31/01/2017 17:46

Why was the moron cycling so close to your car anyway?

Lovely Hmm

bigbuttons · 31/01/2017 17:48

OP, you still haven't told us which door was opened .

Olswitcharoo · 31/01/2017 17:48
  1. It is your fault.
  2. There is no number 2.
Yes accidents happen but mostly someone is liable in that situation. Cyclists can often be at fault, not a n this situation though. As your daughter is a minor then you are liable and you are the one who is insured. I personally never let my dd leave the car roadside unless I am out with her, even if it mean she has to climb over her db.
hotdrinkandaliedown · 31/01/2017 17:49

Poor cyclist. I went into someone's door once when they opened it suddenly. I was going slowly, too - it was uphill on a residential street. I was hugely shaken, my bike was bent out of shape and my watch broken.

The guy was so apologetic, I don't think he'll do it again.

Original poster
blueirishues · 31/01/2017 17:52

The passenger one was open! I thought it was obvious a ten year old wasn't driving! :)

OP posts:
Oblomov17 · 31/01/2017 17:53

There are loads of videos out ATM about opening a car door into a cyclist. Pp linked. But I saw another one, related to the Dutch looking, but it was well nasty!!

Poor man.

roseshippy · 31/01/2017 17:54

This is an offence under s105 of the Road Vehicles (Construction and Use) Regulations 1986

www.legislation.gov.uk/uksi/1986/1078/regulation/105/made

No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.

You permitted the door to be open by a child who is obviously not responsible for it themselves, so on the face of it you are liable both civilly and criminally.

ElectronicDischarge · 31/01/2017 17:54

This reply has been deleted

Message withdrawn at poster's request.

123rd · 31/01/2017 17:55

So, the cyclist WAS on the path?? If the passenger side was open , and they didn't see the bike coming up from behind.
If the bike was on the road, the drivers door would be opened...please clarify OP

Original poster
blueirishues · 31/01/2017 17:55

No the bike was on the road - I'm confused now!

OP posts:
ElectronicDischarge · 31/01/2017 17:57

This reply has been deleted

Message withdrawn at poster's request.

123rd · 31/01/2017 17:57

Are you in the uk??? The way I'm imaging it in my head passenger side is always on the path...unless you pulled up against the flow of traffic...or am
I going mad?

AddToBasket · 31/01/2017 17:58

Will be interesting to see what he claims. In this scenario he could claim quite a lot.

sotiredbutworthit · 31/01/2017 17:58

It was the DC fault but I think it was a genuine accident!! The guy prob won't sue he was prob just annoyed and in pain. Might be a nice idea to send him flowers or similar as an apology if you have his details.

unicornsIlovethem · 31/01/2017 18:03

You need to tell your insurance company as soon as possible and declare the accident to the police as well.

If the cyclist does turn out to be injured (which is perfectly possible and not faking it) they have 3 years to make a claim. If you are able to state the position now, it will help you if they make a claim later.

Btw, even if the cyclist had been on the pavement it is still likely to not have been his fault but any claim for damages would be massively reduced because of his own contributory negligence.

Starlight2345 · 31/01/2017 18:05

Op.. You are getting a really tought time on here and peeople seem to be projecting every bike incident that has ever happened on your DD. I imagine your DD is upset. Someone hit my car when it was parked a few months ago..It was an accident..Thats what insurance is for. Yes a lesson in life. Yes you are responsible ..However I would probably hide this thread as not sure you need to made to feel any worse.

Roomba · 31/01/2017 18:05

I hadn't heard of the Dutch Reach before (old gimmer who passed my driving test long before the theory test was even brought in). It's a great idea and I'm going to teach my DC to use this too.

I hope the cyclist is okay, and I also hope that you and the child are okay, OP. It must have been a horrible shock for you and the child as well. Yes, it is so dangerous to do this, but we've all done stupid things when we were 9 or 10 without thinking.

DesolateWaist · 31/01/2017 18:08

The passenger one was open! I thought it was obvious a ten year old wasn't driving!

I assumed she was in the back.

FireInTheHead · 31/01/2017 18:09

You're the driver and therefore responsible for minor passengers, so you or rather your insurance is liable. The cyclist can, of course, sue so now you need to alert your insurance company, give them your account of events, you have to admit liability because that's the truth and they will deal with it when the cyclist contacts them. That's what insurance is for.
I'm sure you and the dc feel terrible but it was an accident not an on-purpose and no, she doesn't need a bollocking (wtf?!!) since the shock and her sobbing scared reaction suggest guilt and remorse and that it's something she'll never do again.

littlehandcuffs · 31/01/2017 18:09

Your son is very lucky that it wasn't a car or a motorbike, I hope everyone is ok.

diddl · 31/01/2017 18:10

It does sound as if the girl didn't look at all.

I look-for pedestrians on the path.

I wouldn't expect a cyclist to be undertaking a parked car!

That said, if it's an offence then it is to ahve knocked him off his bike in these circs, then it is.

DesolateWaist · 31/01/2017 18:11

Why do we need the 'Dutch Reach' anyway? Why does it have to be a thing? Why not just 'look before you open the car door'.
What will we have next? The 'Norwegian Indicator'? The 'Swedish use-the-right-lane-on-a-roundabout'?

SallyGinnamon · 31/01/2017 18:11

I'm confused!

Did you pull over towards the pavement and the cyclist overtake you in the middle of the road i.e. pass by the drivers side or did he cycle between you and the pavement when you were parked i.e. pass on the passenger side?

If it was the latter I'd possibly do the same as I'd never think that someone would by cycling along the tiny gap between a parked car and the pavement!

Original poster
blueirishues · 31/01/2017 18:12

No. I'd already pulled over. Car still for a while. Dc opened the door. Bam.

OP posts:
monniemae · 31/01/2017 18:13

This happened to my partner in similar circumstances - teenaged girl got out of her mums car. He hurt his shoulder and his bike was damaged; it was the first time he'd ridden after being hit from behind in a hit and run and so was very shaken and upset by it. The driver / mum was brilliant, apologetic and offered to pay for any damage without prompting or hassle which went a really long way to restoring his faith and confidence...