We concluded a case last week for a cyclist who had been initially represented by a national firm with much more resources than us, Irwin Mitchell. They turned him away as soon as the insurers denied liability for a door opening by a passenger in an Uber car which broke his collar bone.
Since representing cyclists is all we do , we have some experience of these unusual cases; normally, it is the driver who opens the door .
Insurers are very happy to redirect the cyclist to the passenger while our stance is that the vulnerable road user,the cyclist, and indeed the passenger who will have no insurance and often no assets, should both be protected by the insurance of the driver.
This is particularly so when the car is being used and is insured for use as a mini cab !
It wasn't easy,very careful legal proceedings had to be drafted with four defendants, including the passenger, driver , car insurer and the MIB ( who are there in case the insurers successfully escape liability).
Happily, once proceedings were issued and served, they caved in since they then knew we were prepared to go all the way to court, and indeed we are disappointed that this did not take place .Pre proceedings , the insurers were adamant that they were not offering a penny.
The insurers, Haven, were in my view keen to avoid any legal hearing which might lead to a precedent in this type of case, far better for them to pay off the rare claimant who will take them on and enjoy the many who will simply walk away when they should do the opposite.
A bittersweet victory in that sense.