Cyclist is “doored” and then accused of speeding!

In February 2015, Gavin was cycling home from work in Edinburgh.

He was proceeding West along East Fountain Bridge through the traffic lights and was passing a parked vehicle when the driver suddenly opened his door and hit Gavin causing him to fall from his bicycle.

As a result of Gavin’s fall, he suffered a deep laceration to his left hand which required surgery as well as soft tissue injuries to his knee and right hand. Gavin had to take a week off work.

His bike was badly damaged and needed repaired.

Gavin instructed Cycle Law Scotland to pursue a civil claim on his behalf and we immediately contacted the driver’s motor insurers. The somewhat unexpected response from the motor insurers was that Gavin had been speeding and shouldn’t be compensated for his losses!!

The collison occurred in a 30mph zone and was relatively flat. Gavin was a fit guy but managing 30mph on the flat without rocket boosters is good going?

However, when spurious allegations are made, it’s easy to point out the obvious.

If the driver thought Gavin was speeding, then he must have seen him at some point before he opened his door and if that was the case then surely the driver was negligent in opening his door into Gavin’s path.

The insurers conceded their driver was at fault and Gavin’s case was settled 100% in his favour when he accepted an offer of £4,700.

Upon conclusion, Gavin contacted Cycle Law Scotland and said “you have been a great company to work for me. I will certainly be recommending you to others”.

Cycle Law Scotland was delighted that common sense prevailed and that the insurers recognised that their somewhat bizarre defence just didn’t stack up.