View Full Version : My encounter with a taxi door.
On the way to uni yesterday for a 9am lecture there was, as you might have guessed, heavy traffic. Close to uni there is a 30mph dual carriage way which was totally stationary. As I was filtering between cars a passenger in the rear nearside seat of a taxi opened his door, I braked as hard as possible but before I knew it I hit the edge of the door, taking the full impact on my right hand. It knocked the handlbar right back and the bike toppled left, I couldn't keep it up and it went on its side. It was lay totally flat between the cars, showing how much room there was. I landed on the wing of a ladys 12 plate Toyota something which made for a nice soft landing.
Took my right glove off and blood was dripping out and I was in immense pain. The outside of the hand started swelling and my little finger had a 1cm gash where it collided with the door, it was also, and still is, facing more 1 o'clock than 12 o'clock.
I'm in a bit of a rush as I'm going away for the weekend and currently should be packing so can't really go on further; I'll be back Monday and hopefully will be able to type with my right hand, this left-handed lark is hard!
The 5th metacarple bone is broken but the egdes are still in line, just a spiralling type crack for just shy of half the length of the bone. I'm in a cast for 4-6 weeks and already want to get the hacksaw!
The bike is perfectly fine, just a scratched front fairing, scuffed brake lever and bar end where the door collided with me.
Thought I'd post :) ride safe!
guernica
28-09-12, 01:57 PM
Sorry to hear your stuck in a cast. Did the passenger apologise? I've only been riding 4 months and every time I've been out on my bike I've nearly been hit by a door or even a car deciding they didn't want to let me filter through
Biker Biggles
28-09-12, 03:36 PM
Get expert advice.If it had been the driver who opened the door an offense is commited,but a passenger in a taxi? I dont know,but Id guess the taxi drivers insurance is liable.
Get legal advice - if you've got it on your insurance contact them and find out whether or not it is claimable, as in most cases it is even though the it was the passenger door - however get expert legal advice.
TCochrane
30-09-12, 04:12 PM
Sorry to hear about this, you're always going to have an idiot who isn't paying attention who simply wants to ruin a motorcyclist's day..
Hope you get better soon bud
Thanks guys.
I have been in touch with a solicitor and a representative of theirs is visiting me tomorrow afternoon to sign all the paperwork; I started the claims procedure on Tuesday so the taxi driver must respond by the 15th day.
The solicitor said him letting his passenger out in the outside lane is akin to a bus driver stopping and letting passengers out with a lane of traffic on their inside.
I myself am a law student but haven't studied any areas relating to this, the closest area I have looked at is the law of tort. As far as I can see (kind of an educated guess) the taxi driver owes a duty of care over his passenger, this being the case it is going straight to the insurers of the taxi driver.
I will let you know how I get on.
P.S. Thought I'd update on the injury...
It's a right pain in the ****!!!
I myself am a law student but haven't studied any areas relating to this, the closest area I have looked at is the law of tort.
More specifically my young fellow, the Tort of Negligence (take the Medical module next year, it'll be fun. Really it will) :)
God luck with the recovery.
More specifically my young fellow, the Tort of Negligence (take the Medical module next year, it'll be fun. Really it will) :)
God luck with the recovery.
We have studied the Tort of Negligence; the neighbour principle etc... Taxi driver owes duty of care to both his passenger and myself as it can reasonably be foreseen that I could be directly affected by his actions.
I wish I could take Medical Law! It wasn't an option :(
We have studied the Tort of Negligence; the neighbour principle etc... Taxi driver owes duty of care to both his passenger and myself as it can reasonably be foreseen that I could be directly affected by his actions.
I wish I could take Medical Law! It wasn't an option :(
Here is an interesting case young fellow which might prove of some use in better understanding the circumstances and likely outcome of your case. Some research if you like. If you cannot find the case using the citation, I can post a summary as it may be relevant to another long running thread on this forum.
Smith v Kempson
Citation [2011] All ER (D) 187 (Oct)
Alternative Citations [2011] EWHC 2680 (QB)
-Ralph-
11-10-12, 07:20 PM
Sorry to hear your stuck in a cast. Did the passenger apologise? I've only been riding 4 months and every time I've been out on my bike I've nearly been hit by a door or even a car deciding they didn't want to let me filter through
You should stop filtering.
Sent from my Galaxy S3 using Tapatalk
Spank86
11-10-12, 07:23 PM
Someone call a mod, Runako's had his account hacked!
guernica
12-10-12, 10:04 AM
You should stop filtering.
Sent from my Galaxy S3 using Tapatalk
Why? It's just Maidstone town centre during rush hour that happens. I'm not going to sit in traffic when I don't have to. I'm sensible and I don't go fast through and I'm constantly observing around me which is why I've not been hit. If I followed the advice of one of the instructors my dad had I'd be filtering through and kicking off wing mirrors of the ignorant drivers who intentionally cut you up
hardhat_harry
12-10-12, 10:49 AM
I hope Ralph is joking otherwise he should buy a car
Owenski
12-10-12, 12:53 PM
Ralph is often joking, unfortunately people often misunderstand his humour for him been a miserable git.
-Ralph-
12-10-12, 01:55 PM
If I nearly got knocked off every time I filtered, I'd stop filtering. As it happens I could probably count 20 such occurrences in 20 years, so I'll carry on.
-Ralph-
12-10-12, 01:56 PM
Ralph is often joking, unfortunately people often misunderstand his humour for him been a miserable git.
;-)
guernica
12-10-12, 02:06 PM
hehe fair enough.
A representative of my solicitors came today and I signed all the relevant documentation. He said it's quite an open and shut case so hopefully everything will go smoothly. As the taxi firm has sent me two cheques (originally I wasn't going to claim as I didn't realise how bad it is and how much it actually affects you; one for paint to be touched-up and one for a month bus pass - £58 is an absolute joke for a bus pass!) they have pretty much accepted liability.
Filter if you feel confident enough to, if you're not confident then don't. This acident has knocked my confidence so I will not be filtering until it returns, otherwise it's just asking for trouble.
Filter if you feel confident enough to, if you're not confident then don't. This acident has knocked my confidence so I will not be filtering until it returns, otherwise it's just asking for trouble.
There's no need to think like that. I fell off twice at my first two trackdays. Only got a bruised shoulder and busted up bike. I knew exactly why it happened. Next time I was on the same track (3rd time round) I rode so tentatively and almost s@%t my pants when an R1 rider overtook me into one corner. You'll see in my video - soon to be released - that he wasn't even close and I was riding like a granny.
By end of the day I was flinging it all over the place and had a great time. The point is that you didn't do anything wrong, filtering isn't wrong & other people can make mistakes. You will learn to see the signs, you will get a better feel for the situation and the cues to any danger. No matter what anyone says this is something you generally learn from experience.
Or just get a louder bike/exhaust and rev the f&*k out of it when you filter!
There's no need to think like that.
After a few hours riding I should be okay, but I will be more aware of plebs in cars and any movement I can see within cars.
Or just get a louder bike/exhaust and rev the f&*k out of it when you filter!
Swift baffle removal!
Thought I'd update...
The respondents are now getting the police report of the incident; I keep getting letters saying that my solicitors are awaiting response and that I will be kept updated.
I knew that filing a claim may take a while but it's now been almost 7 months since the incident and around 5-6 months since the claim was initiated. The respondents haven't responded despite numerous deadlines. This failing to adhere to deadlines has not been met with any form of punishment, which is quite ludicrous, however if the claim is successful it may be reflected in the damages?
I graduate (hopefully...) in summer and will be a qualified solicitor by the time this claim is settled!
Unlucky mate, this sounds like a bloody nightmare!
Is there nothing they can do about them not responding? Maybe add £1k to the settlement for every week they havent responded?
maviczap
21-04-13, 05:57 PM
Thought I'd update...
The respondents are now getting the police report of the incident; I keep getting letters saying that my solicitors are awaiting response and that I will be kept updated.
I knew that filing a claim may take a while but it's now been almost 7 months since the incident and around 5-6 months since the claim was initiated. The respondents haven't responded despite numerous deadlines. This failing to adhere to deadlines has not been met with any form of punishment, which is quite ludicrous, however if the claim is successful it may be reflected in the damages?
I graduate (hopefully...) in summer and will be a qualified solicitor by the time this claim is settled!
Who's you solicitor, you might want to change to one who knows more about motorcycle cases, someone such as White Dalton?
Some needs to poke the other solicitor with a sharp stick, sounds like yours isn't doing that.
All they are doing is racking up their own money. 7 months, say a letter a week at a cost of at least £75, they are doing OK from it.
After a quick read of the thread, it sounds a pretty simply clear cut case. They've taken 7 months because no one has done feck all about chasing/sorting it.
If it was me, i'd be on to them weekly pushing for action and a response. If not, sack them as a firm and go else where.
These claims take a ridiculous amount of time, i freind of mine had a privatley owned tree fall on him in the street and as far as i know si still awaiting a payout over 2 years on
**** man, hope all is well with regards to any claims.
Hopefully you'll have a speedy recovery, I guess it could have been a lot worse, for you and the bike.
Take care!
There should be some penalty faced for plainly ignoring deadines - £1k a week would be lovely!
My solicitor is a local(ish) firm with several branches but shall go unnamed (I don't want to land myself in hot water). I have rang several times but it shall be more frequently now as I'm getting fed up with waiting.
The injury is fine now thanks. The only issue is that under hard braking and cold weather riding my hand hurts. It also randomly hurts every now and again, plus I can't bend my finger back, but I'm not too bothered about that.
maviczap
22-04-13, 05:48 AM
I'd give them a deadline and then get another solicitor on the case if no progress is made.
Using a specialist firm might speed things up. I know some have done this.
Trickster2445
22-04-13, 11:46 AM
To be fair, your insurance should pay you put for your injury and then claim it back from the 3rd party....
I work for an insurance company and that is what happens here mate. I would give them a call, I assume they are paying the legal bill anyway at the moment so will have a still open file on the incident.
There should be some penalty faced for plainly ignoring deadines
A summons usually gees them up :D but your solicitor seems reluctant to litigate.
The claim may not be all that straight-forward:
- it involves a filtering motorcyclist
- was the taxi driver letting his passenger out in the middle of the road or did the passenger decide to open the door without announcing his intentions?
- if the latter, was it a black cab (where the driver usually has some control of the door locks) or a mini-cab (where he usually doesn't)?
To be fair, your insurance should pay you put for your injury and then claim it back from the 3rd party....
Very unlikely to be any personal accident cover as standard on a motorcycle policy. The OP may have paid for additional cover but even then it tends to be capital benefits for death, blindness, loss of limb etc so wouldn't pay out in these circumstances.
I would give them a call, I assume they are paying the legal bill anyway at the moment so will have a still open file on the incident.
His insurers paying the legal bill? I doubt it. The OP doesn't say if they were involved in the appointment of the solicitors but, even if they were, they're unlikely to be doing much other than banking their £700 referral fee.
To the OP, it would do no harm to get some proper advice at this stage as it doesn't seem to be coming from your current crowd. White Dalton seem to have a good reputation and certainly have good expertise in case where filtering is a factor.
The new LASPO regs are now in place with big changes to the old no-win, no-fee arrangements. That could affect you in terms of costs or your settlement if you switch solicitors now.
That might not be an issue if you had Legal Expenses with your bike insurance, but those policies differ - usually from "not very good" to "utter ****e" - so that would need to be checked out.
A decent solicitor should be able to tell you your options.
A summons usually gees them up :D but your solicitor seems reluctant to litigate.
The claim may not be all that straight-forward:
- it involves a filtering motorcyclist
- was the taxi driver letting his passenger out in the middle of the road or did the passenger decide to open the door without announcing his intentions?
- if the latter, was it a black cab (where the driver usually has some control of the door locks) or a mini-cab (where he usually doesn't)?
It was a private hire vehicle. The passenger paid the fare whilst the vehicle was in the outside lane of a dual carriageway then just got out without paying any attention whatsoever.
To the OP, it would do no harm to get some proper advice at this stage as it doesn't seem to be coming from your current crowd. White Dalton seem to have a good reputation and certainly have good expertise in case where filtering is a factor.
I've read a lot of good stuff about White Dalton from various sources. Might give them a bell after I finish my exams
Quick question for those who may b in the know, we're any actual offences committed in this situation by the taxi driver?
As if there were would it not be possible to threaten pursuing a civil prosecution as a bit of an incentive to get them to pull their thumbs up?
vBulletin® , Copyright ©2000-2025, Jelsoft Enterprises Ltd.