Small Claims - Anyone have experience?

[jobrooksuk]

Hi

Whilst cycling to work last month I had a car door V's cycle incident. The drivers door of the car I was passing suddenly opened and I ploughed into it which resulted in a buckled front wheel not to mention bruising to my left side.
Naturally I reported it to the police, I have also been in touch with the driver to inform him I am £40 out of pocket and keen to re-coup my loss.
It took him a week to get back to me to state he wanted his car insurance to deal with my claim as his door also suffered damage. Since that conversation I have heard nothing - but I did drop off a copy of the repair invoice/ receipt along with a covering note to him stating I would take further action if I had heard nothing by 11th April (4 weeks after the incident).
I have just found out that small claims is £30, which I am happy to pay out of principle, but before I do so, I thought I would ask if any of you have any experience of this.
Is the court likely to rule in my favor? Am I likely to see a £70 refund (£40 + court costs)?
Thanks
Jo

[Juz]

In my Motorcycle training and test, we were told that we needed to position ourselves so that if a car door was suddenly opened, we not not be hit/injured.

Surely you have no claim, were you cycling simply too close to a parked vehicle?

If I was the driver, I would certainly be looking to you for compensation or at the very least knock-for-knock.

Juz

[wilbo]

can you not contact his insurance company?

[wilbo]

Originally Posted by Juz

In my Motorcycle training and test, we were told that we needed to position ourselves so that if a car door was suddenly opened, we not not be hit/injured.

Surely you have no claim, were you cycling simply too close to a parked vehicle?

If I was the driver, I would certainly be looking to you for compensation or at the very least knock-for-knock.

Juz

so if I open my car door and another car takes it off by crashing through it - by your reckoning I can claim on a knock for knock basis off the other car drivers insurance?

I would seriously doubt that. I think it has something to do with which party is in the flow of traffic - and as a parked vehicle you are not.

I would think the motorcycle road positioning is from a safety point of view Juz - and has no basis in law.

[jobrooksuk]

I am a bicycle, not a motorbike and he is at fault as he did not look before opening his door!

I have his insurance details but they will not deal with me as due to data protection they can only talk to the policy holder.
They did state though that if he named me in the claim, the insurers would have contacted me.

[Hellenic Diver]

Originally Posted by Juz

In my Motorcycle training and test, we were told that we needed to position ourselves so that if a car door was suddenly opened, we not not be hit/injured.

Surely you have no claim, were you cycling simply too close to a parked vehicle?

If I was the driver, I would certainly be looking to you for compensation or at the very least knock-for-knock.

Juz

sounds to me like no one was at fault (or rather both of you) s/he should have looked - you should have been further away from the door.

might be tricky

[dry suit diver]

Originally Posted by Juz

In my Motorcycle training and test, we were told that we needed to position ourselves so that if a car door was suddenly opened, we not not be hit/injured.

Surely you have no claim, were you cycling simply too close to a parked vehicle?

If I was the driver, I would certainly be looking to you for compensation or at the very least knock-for-knock.

Juz

try and use the cycle lane on Leytonstone high road and ride far enough away from a door to not be hit. you would be in the middle of the "car lane" for want of a better word/phrase.

I beleive you were also taught when learning to drive a car, before any manouvere to check mirrors and blind spots, this would include exiting the vehicle, after all it could have been a car the door got opened to.


its possible you will get some back but for £30 its worth it to see the expression on the face when they get the summons

[Cussy]

I used small claims a number of years ago to get a deposit back off of a nasty landlord. The summons was enough to make him pay and yes you get the £30 back.
Rob

[Juz]

Originally Posted by wilbo

I would think the motorcycle road positioning is from a safety point of view Juz - and has no basis in law.

That's a fair point.

Juz

[Juz]

Out of interest, just looked at the highway code (yes, yes, I know it's not LAW). Rule 67 includes:

67

You should:

• look well ahead for obstructions in the road, such as drains, pot-holes and parked vehicles so that you do not have to swerve suddenly to avoid them. Leave plenty of room when passing parked vehicles and watch out for doors being opened or pedestrians stepping into your path

Juz