How to Claim As A Cyclist Hit By A Car Door?
By Cat Reeves. Last Updated 27th July 2023. Are you a cyclist who’s suffered a car dooring accident that wasn’t your fault? If you’re a cyclist who was hit by a car door and suffered injuries due to someone else’s negligence, you may be able to make a personal injury claim. This guidance could help you. If you’re wondering what to do if a cyclist hits your car in the UK, we answer this question below too.
Road traffic injuries can significantly impact your life, both physically and psychologically. By making a claim, you could seek to be compensated for your pain and suffering.
Cyclists are classed as vulnerable road users. They aren’t offered the protection that a car, bus or van provides. This means that they may suffer more serious injuries in an accident than other kinds of road users.
You may assume that you won’t be injured if someone opens their car door on you or that your injuries will be minor. But this isn’t always the case. And if you’re injured in a way that negatively affects your quality of life, you could make a claim.
For more information on the claims process after being hit by a car door, please read on. Alternatively, you can find our contact information in the next section and get in touch with us today to start your claim.
Get In Touch With Our Team
There’s no legal requirement to use a solicitor when making a personal injury claim. But you may find that the help of an expert solicitor will make the process smoother and help you get the compensation you deserve.
Our team of advisers is available 24/7 to chat with you about your case and evaluate how much compensation for your injuries you could receive. Once our team of advisers has learned more about your situation, they could pass you onto our expert panel of personal injury solicitors to begin your claim.
If you’d like to get in touch with our friendly team of advisers, we recommend you:
- Call them on 020 3870 4868. An adviser will be available 24/7 to offer you free legal advice.
- Start your claim online. One of our advisers will get back to you at your earliest convenience.
- Chat with an adviser through our live chat pop-up box for an immediate response.
Services And Information
- Everything You Need To Know About How To Claim As A Cyclist Hit By A Car Door
- What Is A Cyclist Hit By A Car Door Accident?
- Who Is Responsible When Opening A Car Door?
- How To Make A Cycling Accident Claim
- How Your Claim Could Be Affected By A Lack Of Reflective Clothing
- I Was Close To The Car When The Door Was Opened, Can I Still Claim?
- What Compensation Could I Receive After a Car Dooring Accident?
- How Much Time Do Cyclists Have To Claim When Hit By A Car Door?
- What Evidence Do I Need To Claim If I Was Hit By A Car Door When Cycling?
- Can Cyclist Hit By A Car Door Claims Be Handled On A No Win No Fee Basis?
- Other Information Including Information On What To Do If A Cyclist Hits Your Car In The UK
This article will discuss how you can make a claim as a cyclist hit by a car door. Firstly, the guide will look at ‘what is car dooring?’ by exploring exactly what this type of accident is. Next, there will be a section looking at who may be liable when a cyclist is hurt in this type of accident. There will also be a personal injury claims table examining how much compensation could be owed for certain injuries.
After this, there’s a section exploring how your claim could be affected by a lack of reflective clothing. Furthermore, the guide will discuss if you can still make a claim if you were close to the car door when your car dooring incident occurred.
Moreover, the article will look at the personal injury claims time limit. This section will explain how long you have to make your claim after your car dooring accident.
The guide will then tell you what steps you should take after a road traffic accident and how you can find a bike accident solicitor. Additionally, it will tell you how you can get in contact with our team of advisers to receive 24/7 free legal advice and be connected with a personal injury solicitor.
Although we have aimed to cover the information you need to better understand the claims process, please don’t hesitate to call our team if you have any further questions.
An incident involving a cyclist hit by a car door is often referred to as a ‘car dooring accident’. You may assume that the injuries you could sustain in a car dooring accident would be relatively minor. But this kind of accident could result in severe injuries which could impact your quality of life.
Some of the injuries that you could sustain in a cycling accident might include:
- Lower limb injuries such as a broken leg, fractured toe or broken knee cap: A cyclist could suffer these injuries on impact with the car door.
- Facial injuries such as a chipped or broken tooth, broken jaw, a head injury or brain damage: A cyclist may have been hurt after coming off their bike when the car door was opened on them.
- Other minor injuries such as cuts, lacerations, sprains or strains: The cyclist may have experienced minor injuries if they were cycling at a lower speed.
These injuries often require medical attention and often impact the injured person’s life for weeks or months. Sometimes, the impact of a cycling injury can be felt for years after the accident and may even be permanent.
If you’ve suffered an injury following a cycling accident, you may be eligible to claim. You can contact our team of advisers today for 24/7 free legal advice on the number above.
How Common Are Accidents Involving Cyclists?
According to the Reported Road Casualties Great Britain Annual Report 2020, there were 115,584 casualties of all severities during 2020. We have created a graph using figures from the same report to highlight the change in fatalities for different road users in 2020 compared to 2019.
As you can see, the number of pedal cyclists involved in fatal road traffic accidents rose in 2020. It’s important to note that although there are more fatalities overall for cars, they make up the majority of the traffic on UK roads.
When it comes to the severity of injuries, we can look at provisional figures from the DfT for the year ending June 2021. As you can see, while most injuries were slight, there were a number of severe and fatal injuries too.
According to Regulation 105 in the Road Vehicles (Construction and Use) Regulations 1986, the car driver is responsible for ensuring they look out for cyclists before opening their car door. The piece of legislation states that nobody should open a car door unless they’re sure it’s safe to do so.
If you’re wondering how to avoid car dooring, drivers should ensure that passengers don’t open their car doors unless they’re sure there isn’t a cyclist riding past. Cyclists riding through stationary traffic could be hard to miss, so passengers and drivers should always check before opening a car door.
If drivers breach this duty of care and act negligently, this could result in a cyclist being hit by a car door. In turn, this could lead to a personal injury claim being made against the driver.
To make a cycle accident claim, you will need to prove that your injury was caused by another road user breaching their duty of care. All road users owe each other a duty of care to ensure they are using the roads safely and responsibly. Each road user must follow the specific rules and obligations expected of them as stated in the Road Traffic Act 1988 and the Highway Code.
As we stated in the previous section, car drivers have a lawful duty to watch out for any passing cyclists before opening their car door. If a driver were to breach this duty of care, causing you to become injured in a bike accident, you may be eligible to claim compensation. However, you will need to prove that the driver was entirely liable for the accident.
In order to claim, you will need to provide evidence, which is discussed further in this guide.
Contact our advisors today if you would like further information about cycling accident claims.
It is vital that a cyclist wear the correct clothing when out cycling. A helmet is key as this can prevent injuries suffered to the head.
Also, reflective clothing is vital especially at night so that drivers are aware a cyclist is on the road. This is because reflective clothing can make it easier for other road users to see you, including car drivers or passengers opening a car door.
If you didn’t wear reflective clothing and ended up in a car dooring incident, you could be seen as partially liable for your injuries. However, even if this is the case, you will be unlikely to be seen as fully to blame, as drivers still have a responsibility to check that it’s safe to open their car door.
Additionally, Rule 60 in the Highway Code states that cyclists must have lights and reflectors fitted to their bikes when riding at night. Failing to do so could make it more difficult for a driver to see a rider on the road, causing a cyclist to get hurt.
In these cases, your compensation amount may be decreased accordingly. As stated above, this means the percentage of your compensation will decrease.
A driver has a responsibility to ensure they don’t open their car door onto a cyclist. A driver could use what is known as the ”Dutch Reach” which means opening the door with their far hand. This way drivers and passengers have to turn their bodys’ to open the door and will be able to see if a cyclist or other oncoming road user is nearby.
Often, there may be obstructions on the road such as drains, pot-holes or parked vehicles which means you may have to ride closer to cars than usual. However, car drivers have a duty of care to look for any cyclists coming before they open their car door.
If they breach their duty of care, it’s classed as negligence. Therefore, if they’re negligent and cause you to sustain injuries, you could make a personal injury claim against them.
If you’d like more advice about whether you can still claim if you were close to the car when the door was opened, our team of advisers is here to help. They are ready to have a chat with you 7 days a week, 24 hours a day, to ensure you have all the information you need to make a personal injury claim.
The compensation awarded in your claim will be based on the injury you sustained in the car dooring. It will be calculated by looking at:
- The pain and distress your injuries may have caused you
- The financial impact of your injury and accident
The compensation amount awarded for the pain of your injury is known as general damages. To show you how this could be awarded in your claim, we have created a table featuring injuries that a person could suffer in a car dooring accident.
The injuries are accompanied by examples of general damages, as featured in the Judicial College Guidelines (JCG). This publication includes figures calculated using previous court payouts and is used by legal professionals when valuing claims. The figures listed come from the 2022 edition of the JCG. However, these are not guaranteed amounts for your specific claim.
|Back Injuries||Severe (i)||Injuries might include damage to the spinal cord and nerve roots which causes severe pain and disability.||£91,090 to £160,980|
|Leg Injury||Severe (iv) Moderate||Severe crush injuries or multiple fractures in one leg. Impact on employment and extent of treatment needed will affect how much is awarded.||£27,760 to £39,200|
|Injuries to the Pelvis and Hips||Moderate (i)||The person may experience a significant injury to the hip and a permanent disability that isn't major.||£26,590 to £39,170|
|Arm Injury||Less Severe||A significant degree of recovery will have happened after suffering significant disabilities.||£19,200 to £39,170|
|Neck Injuries||Moderate (i)||Injuries could include a fracture or dislocation that causes severe symptoms and requires a spinal fusion.||£24,990 to £38,490|
|Knee Injury||Moderate (i)||A torn meniscus or cartilage or dislocation of the knee that causes minor instability with weakness.||£14,840 to £26,190|
|Shoulder Injuries||Serious||Shoulder dislocation with the lower part of the brachial plexus sustaining damage.||£12,770 to £19,200|
|Ankle Injury||Modest||Undisplaced or minor fractures, ligamentous injuries or sprains. Whether a full recovery is made will affect how much is awarded.||Up to £13,740|
|Hand Injury||Moderate||Injuries could include deep lacerations, penetrating wounds, crush or soft tissue injuries.||£5,720 to £13,280|
|Wrist Injury||(d)||Recovery from a soft tissue injury or fracture taken more than a year but is complete.||£6,080 to £10,350|
The compensation amount you can seek for the financial losses caused by the accident and injury is known as special damages. Under special damages you can claim back losses such as:
- Lost income, if your injury had left you unable to work
- Damage to your property
- Prescription costs or general care costs
If you are looking for an evaluation of your claim, both in terms of eligibility and an estimate for compensation, please reach out to one of our advisers. They offer free legal advice and can give you more information on what to do as a cyclist hit by a car in the UK.
Generally, the personal injury claims time limit is three years from the date of the accident or date of knowledge. However, there are some exceptions.
If you’re under 18, the three-year time limit starts on your 18th birthday. However, if you’d like to begin your accident claim sooner, a friend/family member can apply to become a litigation friend to pursue the claim for you before you turn 18.
If you lack the capacity to claim on your own behalf at the time of the injuries, the three-year time limit is suspended, and a litigation friend can claim on your behalf. Alternatively, if you regain the mental capacity to claim, then the three-year limit starts again.
For more information, feel free to get in touch with our team of advisers. They’d be happy to learn more about your situation. They could also connect you with our panel of personal injury solicitors to begin your claim as a cyclist hit by a car door.
One of the most important factors to establish when claiming for a collision with an open car door is who is responsible. In the UK, drivers and cyclists are both bound by the Highway Code, which establishes the hierarchy of responsibility. However, to make a claim, you will also need to collect evidence.
Evidence can help you prove not only that the other party is responsible for your injuries, but also how severe your injuries are, and how they’ll affect your life going forward. Some examples of evidence that you could use to support your cycling accident compensation claim include:
- Photographs: Pictures of your injuries could help demonstrate how severe they are.
- Medical records: Your medical records may detail the treatment you need and how your injuries are affecting you or will affect you in the future, and could be used as evidence as a result.
- CCTV footage: If your accident was caught on CCTV, then you may be able to request the footage to be submitted as evidence.
- Witness statements: Taking the details of witnesses means that their statements can be taken by a professional at a later date.
If you choose to work with a No Win No Fee solicitor on your claim, they can help you gather this evidence. Get in touch with our advisors today to find out how our experienced panel can help with cycling accident claims.
A No Win No Fee agreement, or Conditional Fee Agreement, is a contract between you and your solicitor. It states that you don’t have to pay solicitor’s fees if your case fails or an upfront fee before your solicitor starts working on your case.
If your case succeeds, your solicitor will deduct a legally capped percentage of your compensation in success fees. However, you and your lawyer will discuss this before your claim begins.
No Win No Fee agreements can be an alternative option to claiming without legal representation. Although there is no initial cost to do so, you could incur ongoing fees such as medical costs. However, these costs are covered by the agreement.
Contact Us About What To Do If A Cyclist Hits Your Car – UK Claimants
So if you’re a cyclist who was hit by a car door why not speak to one of our advisors today to see if this could benefit you? You can get in touch by:
- Calling on 020 3870 4868. They are there 24/7 to provide you with free legal advice regarding your claim.
- Starting your personal injury claim online. An adviser will get back to you at a time that suits you best.
- Chatting with an adviser through our live chat pop-up box for an instant response.
Here are some more guides that provide more information about different personal injury claims:
If you’ve been in a car accident that wasn’t your fault, our guide could help you understand whether you could make a personal injury claim.
If you’d like to sue on behalf of someone else, our guide talks about how you can do this.
See our guide for claiming as a pedestrian hit by a car.
For more road accident and safety statistics, visit the government website.
Think!, the road safety campaign provides guidance to cyclists on road safety.
Have you suffered a fractured arm or wrist injury? The NHS explores the signs, recovery process, and treatment length.
FAQ On What To Do If A Cyclist Hits Your Car In The UK
What to do if a cyclist hits your car in the UK?
Most of this guide has focussed on a cyclist injured by a car door. Now let us look at what to do if a cyclist hits your car in the UK.
No matter what type of accident, what to do if a cyclist hits your car in the UK causing injury is stop the car.
You should ascertain whether there has been damage to property or injury. If there has been, you should report the incident to police. It would also be wise to gather witness information. If possible, you could take photos of the scene. If you have been injured when a cyclist hit your car, you could obtain legal advice from our team.
What to do if a cyclist hits your car in the UK and they were at fault?
As above, it would be wise to collect evidence. Gathering witness details could be wise. That way, if a cyclist was injured but it was their fault, these witness statements could corroborate your version of events.
Thank you for reading our guide about claiming as a cyclist hit by a car door.