Cyclist crashes into car door – which insurance covers it?
evening together.
I was driving my car and parked it in a parking lane.
The passenger behind me opened the door and a cyclist hit the door and fell.
The cyclist is fine, but my door is not.
Apart from that, the cyclist was not wearing suitable equipment for riding at night and also did not keep a safe distance.
The cyclist immediately began to flee.
Problem:
The entire door of my BMW 5 Series is now warped…
Which insurance company can I use to cover this case? If that's even possible.
– About the motor vehicle liability insurance of the passenger who caused the situation
Or
– His private liability insurance?
Urgent help is needed. So far, the community hasn't disappointed me in this regard.
Thank you in advance!
(3 votes)
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What do you understand below and where exactly is regulated what you have to do at night?
It’s hard to prove.
Since cyclists are technically unable to measure their side distance during the journey, it is no longer recommended for legal reasons to keep only a distance of 1 meter, otherwise they would always move sharply at the co-legal limit.
Dooring or a dooring accident represents a special case of the door opener case. At Dooring, a bicycle, mofa, scooter, e-bike or e-scooter joins with an opening vehicle door. This applies to both vehicles travelling a cycle path and vehicles on the road. The cause of the accidents is that the descendant forgets the view in the mirror, the shoulder view or even both.
Although newer vehicles have an exit warning, they should be combined with a view into the mirror and over the shoulder for safety reasons. The so-called “Dutch handle” is also helpful, in which the vehicle door is opened with the hand further away from the door – on the driver side with the right hand, on the passenger side with the left hand. The overlap results in an automatic shoulder view.
For material damage, the vehicle’s liability insurer comes up, for which intangible damage the cyclist may, in certain circumstances, use only the inattentive descendant (see OLG München, judgment of 28.10.1994, 10 U 4858/93 for passenger). If necessary, a co-indebtedness may be attributed to the cyclist if he has not complied with the required lateral distance from the vehicle. However, the genome (cf. OLG Celle, Judgment of 06.11.2018, Az. 14 U 61/18).
The principle that whoever enters or exits a vehicle must behave in such a way as to rule out the risk of other road users shall apply over and over the entire duration of an entry or exit process. These are all processes which are in a direct temporal and local context with it, wherein the process of getting in is terminated only with the closing of the vehicle door, the process of getting out is terminated only with the closing of the vehicle door and the leaving of the roadway.
In a situation in which the Munich District Court had to decide on 27.10.2021 (note 343 C 106/21), a parking vehicle was driven against the opened driver’s door of the vehicle in the adjacent parking bay. The Munich AG dismissed the damages of the holder of the latter vehicle. In the judgment, the Court of First Instance held that ‘the Court of First Instance was based on the sole liability of the party to the action. Indisputably, there was a collision between the driver’s door of the plaintiff vehicle and the defendant vehicle located in the parking space next to the plaintiff vehicle. For a culpable breach of due diligence of the door opener – here the driver of the plaintiff vehicle – the proof of the first appearance “ speaks.
Sources:
https://www.kanzlei-voigt.de/stichworte/versicherungrecht/dooring
https://fairforce.one/ratgeber/unfall-dooring/#:~:text=Also%20if%20Radfahrer%20a%20bpm,%C2%A7%20115%20VVG)%20bpm.
You’ll need full insurance for your damage. Whether the private liability of your driver is in jeopardy, the “have” always with car damage – on the other hand the damage has not happened during driving. I can’t say it reliably. But you have a claim against your acquaintance, he was careless. Whether it’s in the end of your insurance isn’t your problem.
But the cyclist can claim claims against your car liability. When opening the door, appropriate precautions must be taken. Whether its lack of equipment will destroy all claims would be a legal problem and is questionable.
not this time, though not to your satisfaction.
If, claims can only set against the hurricane. your driver is not responsible, even not his private liability – because of the petrol clause
it is DEIN vehicle
you don’t have full cash, pay the damage yourself.
in any case display against unknown reimburse for driver flight.
without witnesses comes out and is for statistics only;)
you shouldn’t be mentioned
I’m sorry, I’m just part of the…
So, in the end, do I stay on the damage?
No, you have claims against your unpredictable acquaintance – see my execution above…
it will run out
You can’t say that clearly. If he hasn’t properly taken care of, he’s liable.
Gasoline clause does not apply because the passenger is not the driver, owner or owner of the vehicle. There is insurance cover over the PHV. Either regulation or defence if the claims are unfounded (which is not clear as I said).
Well, there are some witnesses. just tell the police what you were watching and what the cyclist was wearing. any features. we do not live 100km from the place of infall ^_^
It will take over the full casco if the private H. of the door opener does not engage.
For this purpose, the private liability of the passenger actually applies if he is really guilty. The so-called “gasoline clause” does not apply because the passenger did not cause the damage in his capacity as driver, owner or owner of the vehicle.