Its not completely straight forward.

Was riding home from work in the dark. A very well lit road with no cars in either lane. Didnt have any lights on, but as there werent any cars I decided to go on the road. Was fully intending to nip on to the pavement if one turned up.

Chap in a convertible BMW parked up in a parking bay on the side of the road swings his door wide open in front of me. Zero time to react. I fly through the window (convertible so no frame) and end up on the floor.

My bikes fine. His door is totalled. No glass, bent hinges, probably some damage to the inside. I had to go to A+E. Cuts from the glass on my hands and face. Some quite deep. Going to ruin my trip to Wales this weekend.

So whats likely to happen next? Am hoping nothing.

I’d say you’re in the wrong here, BMW or not.

Riding without lights at night really isn’t going to help you here is it?

I’d have thought that the driver will probably persue a claim against you saying that he looked, but didn’t see you because of the lack of lights.

Oh, and really, it’s sensible to give cars at the side of the road enough room incase a door does open.

Having said that, hope you’re OK

Didnt have any lights on

you should be paying for the damage to the car! i’m sure your be getting a letter from mr bmw insurance company.

did he take your details?

Didnt have any lights on, but as there werent any cars I decided to go on the road. Was fully intending to nip on to the pavement if one turned up.

Darwin would have something to say about this.

So whats likely to happen next?

You will have scars and not be able to ride propoerly for a while.

Thats an interesting one. Glad you are relatively ok as that could have been horrendous!

Think you are probably liable for his loss on this one?

Riding on the road at night with no lights? Seriously? And you appear surprised by the outcome?

So whats likely to happen next?

Well if it was me, you’d be getting a bill for the damage, and the distinct feeling you’d got off lightly getting to A&E without ‘additional’ injuries

Why does this post wiff of something?

😉

Think you are going to have to pay for the damage to his car.

What else is there?

Hard to say, I think it depends on the BMW owner.
When I was in a collision with a car, years back, it was my fault and I expected a bill from the driver – which would’ve been paid from the 3rd party liability on my home insurance – but I didn’t get anything.
I know I smashed the windscreen with my head and dented the wing, but I assume he decided not to claim against me.

Police turned up and all details were taken down. They mentioned that opening his door on me was also illegal, and me not having lights was illegal too.

The car door must have been 3 feet wide! 3 door BMW doors are huge. Would have had to been cycling on the white lines to prempt that one.

I know it was silly. Have had numerous tickings off. Expect more.

But if i dont have insurance, what can the insurance company do? And I cant afford a BMW car door.

Its not completely straight forward

I have to say, I think it is – on the road at night with no lights means you’re squarely at fault. Glad you’re not seriously injured but as others have said, lesson learned.

Its not whos as fault Im really worried about. Just wondering what to expect next. A bill in the post from the insurance company, a call from the police charging me something, summons to court…….

Am also worried at some point I will actually have to pay for the door and how likely it will be, or if his insurance will pay up.

But if i dont have insurance, what can the insurance company do?

Take your wife/children/dog/liver as payment.

But if i dont have insurance, what can the insurance company do? And I cant afford a BMW car door.

take you to court.

The no lights thing complicates it but I still think the driver has a responsibility to check it is safe before opening his door into a live traffic lane. So whether you had lights or not the opening of the car door caused the accident.

It’s incidents like this that make cycle insurance worth while, but if you’re the sort of live fast take your chances (ride in the dark without lights!) type of guy then I guessing cycle insurance isn’t something you’ll have.:wink:

At worst you might have to fork out to pay for some of the damage. I still think that’s quite a let off considering you could have been badly hurt.

Glad you’re ok.

Bad news: Based on a small piece of carpeted plastic in the boot of my 3 series tourer costing £64.99 you’d better get saving.

CTC membership lapsed in January. But I was insured at one point. Not that it helps now.

Nothing. Insurer won’t do anything as not much prospect of recovery from a cyclist. Driver may try to pursue you but unlikely. If it was a well-lit street as you say, then he should of seen you in his mirror. Suspect they told you they looked to cover their own back.

Just out of interest – what was the blokes reaction when you hit him? He must have **** himself!!! Opening your car door on a clear road, then BANG!!! and you come through his window

I was out sparko on the floor so didnt get his first reaction. But he looked pretty concerened when I came too. I do feel bad, and asked the PC if he was ok. He said he was fine. He certainly didnt seem to care about his car at that particular moment. So am grateful to him for that.

Was going to add a comment but I read it back it just seemed like kicking a man when he’s down. So I’ll just say good luck and consider this a win even after the financial loss. It really could have been a lot worse

feel free to add insult to injury. will take the abuse, as it is probably deserved and am getting used to it.

but some advice on the expected sequence of events from now would also be appreciated.

p.s. out of all the possible consequences of riding on an empty well lit road at night, this could have been about the only thing i can think of that would have ended up as an accident

But if i dont have insurance, what can the insurance company do?

If you don’t have insurance, his insurers are entitled to pursue you personally (as opposed to raising the claim against your insurers).

For the cost of a car door, would the insurance company bother taking me to court?

You must have house insurance – that would cover you third party I am sure – however I don’t think you’ll win your side d.t. lights!

Personally – sounds like he prob did look either but I don’t think the law is on your side – it would not likely involve the police – prob just seeking costs I would think – perhaps you could settle out of court with the driver if you can’t claim on any insurance?

He probably feels sorry for you but a potentially four figure repair bill might change his mind.
Have you any legal cover on your house insurance?

p.s. out of all the possible consequences of riding on an empty well lit road at night, this could have been about the only thing i can think of that would have ended up as an accident

Not thinking very hard then are you? With even the most cursory thought to that statement, my mind can conjure up all manner of gory, painful, horrific and ultimately fatal outcomes. Would you like to hear them…. ?

no thanks

Sorry to hear that ads-b, hope your ok. Its horrid being in an accident, I was in one just a week ago, riding along a cycle lane just slightly faster than the speed of the traffic, a car turned in on me to turn left at a junction without looking and pushed me over, thankfully I and my bike where fine but did shake me for a while

For the cost of a car door, would the insurance company bother taking me to court?

Door skin, painting, window, fitting kit (hinges etc), interior trim….not much change from £1500, I’d suggest.

I reckon offering to meet him halfway with the repair costs would be getting off lightly. You should have had lights, he should have looked more carefully before opening the door, but he could argue that the lack of lights made you more difficult to see so on balance I would have said that the greater blame lies with you.

As for his reaction, that seems pretty normal. I’ve been hit by cars in the past and on both of the more serious occasions the drivers were very apologetic and couldn’t do enough to make sure I was OK at the scene. However getting them to pay for the damage they had caused was a very long and drawn out affair they argued every step of the way once they had to part with any money.

Spot on what Muppet says 🙂

The point of lights is to allow people to see you, so I suppose you’re more at fault than he is. However as above, insurance companies don’t work like that.

Despite what everybody else says, I reckon this one is actually likely to go 50:50. As the police say, he was also at fault – even if it was difficult to see you. I’d be surprised if his insurance company thought it worth their while to pursue you, even for a 4 figure sum – ins. cos. are the ultimate pragmatists. I’m assuming you’re not going to try and claim for damages (I really wouldn’t bother) in which case the situation is vastly different, and the driver being apologetic and accepting some fault does change things.

As others have said, if you have household contents insurance, the chances are you are insured anyway.

Sorry about your trip, hope you get better soon, but please get some lights and if you don’t have any stick to the pavement (or at least out of the dooring zone – silly to ride there even with lights).

I got knocked off my bike about fifteen years ago. I had lights but the woman whose door I took off in a similar fashion said I didn’t. However, I do remember my solicitor pointing out that in a 30 limit and a system of street lighting, I wasn’t legally required to have lights. If that was true and still is, it changes things someone so I’d suggest treading carefully until you can get a deffinitive answer on that point.

Got more lights than you can shake a stick at. Just not on my bike on this one occasion in about 10 years! As said before, the door was about 3 feet wide. And he actually used his foot to kick it open at quite a speed. So there was no possibility to avoid, and cycling 3 feet in the middle of the road isnt something I would do with or without lights. Albeit, there wasnt a car on the road, so i could have cycled on the right hand side if i wanted to and ironically it would have been safer. Doh!

Lighting regulations here

http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4071

The ctc might be a good contact for advice.

You’ll have to wait and see if you get a letter. I don’t know if there is a time limit on these things?

When you do get it I’d contact your home insurance policy and see if they cover you.

I don’t think you have much chance of arguing anything unless you get legal advice.

I rode at speed into the back of a Honda CRV that stopped in the road and totalled the back door, lights and bumper. Didn’t admit liability but told the cops what i could remember when i was in the ambulance, it was clear that he had stopped and i had hit him rather than the other way round obviously.

Few months later a letter from the guy’s insurer turned up saying they held me responsible and were going to reclaim costs, I thought I was going to be screwed but luckily my home contents insurance covers this kind of thing. I passed the letter onto my insurer who dealt with it – apparently they always try and have a go at reclaiming costs but actually proceed with very few as they need to present a case and evidence. I’ve not heard anything since so hopefully thats it.

As you hit a BMW it is probably going to be a really big repair bill from their insurer – check any insurance policy you have – there is a thread on here with a guy scratching a new Mini with his handlebar and it costing a grand to repair or something. I contacted the CTC and their solicitors althoug I wasn’t a member at the time and they seemed a bit unsure but said they couldn’t help as they would if had been a member at the time. Lesson learnt is it pays to be insured!

and cycling 3 feet in the middle of the road isnt something I would do with or without lights

What? 3 feet is nothing. Guideline is no closer to the edge than 2 feet, and I find that’s a little snug. Seriously – get in the road, not the gutter. (Actually, guideline is to be right out in the middle of the road, and then move to the left if you judge it safe to allow a car past.)

Glad you’re not injured by the way, but seriously – it is defensive riding to take your space and get noticed. Snug to a line of parked cars is in the blind spot of those cars – he maybe wouldn’t have seen you with lights.