A brief moment of inattention - and there's a crash: in dooring, drivers open their doors without paying attention to the traffic behind, putting cyclists in particular in serious danger. Such collisions are not uncommon and often lead to injuries and disputes about who is at fault. Who is liable? What should be done? And how can you best protect your claims? This guide clarifies the situation - in a compact, understandable way and with clear recommendations for those affected.
- Dooring accidents occur when car occupants suddenly open a door, causing cyclists or e-scooter riders to fall.
- As a rule, the car driver is liable, as he is obliged to take special care when getting out of the car.
- The following applies to injured parties: act quickly, document well and do not make a premature admission of guilt.
Dooring, what is that actually?
Road accidents in which approaching cyclists collide with suddenly opened car doors are known as "dooring accidents". According to a recent Forsa survey, almost half of cyclists state that they have been in such a dangerous situation at least once. As many as 6 per cent have been directly involved in an accident caused by unexpectedly opened car doors. With 525 injuries, dooring was the most common Second most common cause of accidents in Berlin road traffic.
Situations of this kind are therefore not uncommon and will not become any less common in the foreseeable future with the rise of the e-scooter trend. This makes it all the more important to know what to bear in mind when reporting damage.
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Collided with the driver's door - who pays for the damage?
In case of doubt, as is so often the case, it depends. Even if cyclists can be held partially responsible, recent court judgements in dooring accidents strengthen the injured party's position. The cyclist affected can assert claims against the car driver (Section 7 StVG), the vehicle owner (Section 18 StVG) and the liability insurer (Section 115 VVG). In addition, the burden of proof is eased for the biker: instead of having to prove the fault of the car driver, the biker only has to describe the underlying facts.
For car drivers, on the other hand, the following applies: As a road user, they must always behave in such a way when getting out of the car that they do not endanger others. In many cases, it is therefore sufficient to establish a temporal and spatial connection between the opening of the driver's door and the damage to the cyclist. In this case, a disregard of the duty of care in road traffic is assumed. In this case, liability is clear: the car driver is liable for the damage.
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Difficult to prove: Contributory negligence of the injured party
These rules make it difficult to assert contributory negligence on the part of the injured party. The car driver must prove that the cyclist is partially at fault, for example by not keeping a safe distance. An additional hurdle: there is no clear definition of the minimum distance. What's more, in most cases it is difficult to reconstruct the course of the accident - after all, it is often only a matter of seconds.
The challenges of reporting damage
Basically, the quicker the notification is made, the better. If you dawdle on this point, you run the risk of losing your right to compensation. However, reporting a claim can be a real minefield for non-experts. The direct line via the insurance hotline may seem practical at first, but it can cost you money.
With fairforce.one you are on the safe side. We will check your claims for you - completely free of charge. You can report the claim quickly and easily via our online platform. The competent lawyers from our expert network will take care of the rest. For you, using our portal means: absolute legal certainty, data protection and the certainty of getting the maximum out of the claims settlement. The process is so simple that it can be carried out via smartphone - even from the scene of the incident.
Steps towards fair claims settlement
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Frequently asked questions about dooring accidents
What exactly is a dooring accident?
A dooring accident occurs when a car door is opened and a passing cyclist or e-scooter rider collides with it. These situations usually occur suddenly and often result in serious injuries.
Who is liable in the event of a dooring accident?
In most cases, the driver or the person who opened the door is liable. According to § 14 StVO, consideration must be given to other road users when entering and exiting the vehicle. The owner of the vehicle and the motor vehicle liability insurance can also be held liable.
Is the cyclist partially at fault in a dooring accident?
Not in principle - unless the driver has clearly violated traffic regulations, e.g. by driving too close to parked cars. However, proving contributory negligence is difficult and lies with the driver.
What should I do immediately after the accident?
Take photos of the accident site, the damage and the position of the vehicles. Make a note of witnesses, call the police in the event of injuries and report the incident immediately - preferably via faire-regulierung.de. Refrain from admitting fault and do not talk to insurance companies rashly.
