Passenger opens door which is struck by a motorcycle passing on inside in a one-way-street

I was the driver in a car which was stationary in congested traffic in a one way street. My passenger decided to leave the car and walk. As he opened the door he failed to notice a motorcycle approaching on the inside. The motorcycle struck the door and the rider fell off. The biker is now claiming against me for damage to his bike and a personal injury. A witness at the scene said he was speeding and the police who attended said he had bald tyres. Is it illegal for him to pass on the inside and will he have a claim against me?

There is very likely to be some apportionment of blame to you as the passenger should have checked more carefully for the approaching motorcycle, but there is some mitigation depending on the speed the motorcycle was travelling and possibly how far he was away when the door was opening, whereupon the issue of impeded braking caused by the bald tyres would come into play. The width of the street may also be a factor.

In such circumstances as this when a number of circumnstances might affect apportionment of liability it is vital to gather all the evidence for presentation to your insurer . An accident evidence kit such as that provided with our sister service Crashguard can greatly assist you to get the evidence rather than the blame.

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