# Passenger "doored" a bicyclist?



## claritys (Aug 12, 2015)

Sooooo.... I had an incident today. I was driving with a couple passengers in an Uber Pool, and I was stopped a couple cars back from a red light at the first passenger's destination. I was not pulled to the curb, but was in the far right lane next to parked cars. The passenger wanted to get out there, and opened my back door right as a bicyclist was riding by. The cyclist hit my door but wasn't severely injured. He told me his hand hurt but asked me to report the accident to Uber. I'm so worried, as Uber is my main source of income, I literally just closed escrow on a townhouse today, and am not qualified to make this kind of money doing anything else. Anyone have any idea about how Uber is going to handle this situation? I'm worried that I'm screwed


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## Backdash (Jan 28, 2015)

I wouldn't worry... If the guy opened the door unexpectedly without asking it's not on you. 
Besides if it is just bruises and scrapes nothing should come of it.


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## RainbowPlate (Jul 12, 2015)

"Not Pulled Over to the Curb" = driver fault.

Also keep in mind the Uberlyft insurance is indemnification only. They will not even review a claim until you submit it to your personal carrier (and are inevitably denied).

Remember: Your car, your rules...

_"I can just hop out here..."

"No, you can't. Sorry."_

Better a 1* than this mess you're in.


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## JaxBeachDriver (Nov 27, 2014)

claritys said:


> I'm so worried, as Uber is my main source of income, I literally just closed escrow on a townhouse today, and am not qualified to make this kind of money doing anything else.


How much are you making on uber per week, and how many hours are you available online? I can almost guarantee that you can make that money doing something else: pizza delivery, stocking shelves, mowing lawns, scrap metal recycling...

Maybe nothing will come of this, but uber can cut rates and/or deactivate you at will without warning. If not this, something else could have happened. This is ok as a side job -- pretty much as an alternative to a payday loan, but not to be used as a main source of income for reasons stated above and elsewhere on the forum.

Do you have a family, or is it just you? If it's just you, maybe you can get a roommate to help with the bills.


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## Fat Jack (Jul 5, 2015)

Bicyclist is supposed to be in the traffic lane just like a car and not driving up the side just because he can squeeze by. Bicyclist is at fault.


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## claritys (Aug 12, 2015)

Thanks y'all for the responses. Ugh! I guess I'll see what Uber has to say, and *hopefully* nothing will come of it.
JaxBeachDriver I make between 900-1200 a week (before gas and after their cut), online 40-50 hours. I've lurked this forum for a little while, and have read some of the horror stories, but I've been ridesharing for over 2 and half years with no "bad" issues until yesterday. Yes, my car is taking a beating quicker than everyone else's, but I put money aside for fixes and can't complain


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## Another Uber Driver (May 27, 2015)

In most jurisdictions, if the passenger opens a car door into traffic, the passenger who _*acutally done did the deed*_ is held responsible; *not* the driver.

I would check local laws, as I am not familiar with California or San Francisco Law on the subject.

One thing that I always do when discharging a passenger or, if a passenger opens a door where he has no business doing it, is look in the side view mirror (fortunately, my cab and UberXmobile both have "blind spot" mirrors) for traffic: vehicles, bicyles, unregistered motor bikes (illegal, but they ride with impunity, here, it seems) and pedestrians (we have a _*real*_ problem with arrogant pedestrians, here). As I look, I say to the customer, in a louder voice "Please be careful getting out." If see something that is oncoming, I raise my voice even more and tell the customer not to open the door or he _*will*_ get clipped.


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## claritys (Aug 12, 2015)

^Yeahhh, logically, that makes sense, but San Francisco seems to *hate* car drivers Lol?
Several thousand rides (cumulative with Sidecar/Uber/Lyft) without issue, but I guess I should be more aware of this type of stuff. Hopefully the lesson wasn't learned too late


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## Another Uber Driver (May 27, 2015)

^^^The District of Columbia is, and has been for some time, anti-automobile. Still, the City Council has yet to change the law on the opening of doors into traffic. Thus far, the law remains that he who _*dun' did the deed*_ is responsible.


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## Calhiker (Jun 25, 2015)

well, this looks like a shared liability issue. If the car was stopped and then the door was opened then the bicyclist ran into it he was going too fast for traffic patterns. what if it was a kid that ran into the street and the bike hit him, its the bicyclists fault. Now on the other hand if the car was stopped the bike started passing the door level and then it opened onto his side, then the passenger / car owner is proximate cause.


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## claritys (Aug 12, 2015)

To be honest, I didn't see it happen, only heard it. But judging by my door, the cyclist went in to the open door. It was all pretty quick though, so I'm not sure how fast he was going.

Update (kinda) for anyone curious/and more advice questions:
I reported the accident through trip "issues" on the app and explained it all. Got a response from Uber with an accident form to fill out, but it seemed like a car/car accident. I emailed them back, and they said to use the cyclist as the other car, and if all I had was his phone number, then just put that. I texted the cyclist and said I would probably need more info from him if he wanted to go further. A couple days later, and no response from the cyclist. Should I even bother filling out the form? I would love for all of this to just "go away" (as no one involved seems to care about it) but I'm not sure if it's too late for that. Uber hasn't suspended my account, so maybe that's a good sign? I dunno


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## claritys (Aug 12, 2015)

Oh, just kidding. I guess I got an email yesterday from Uber asking me to fill it out. *crosses fingers*


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## Calhiker (Jun 25, 2015)

Fingers crossed but this isn't good news. I'd say they are probably talking to am attorney. Get your story straight. I know it happened quick but try to remember sequence of events. I don't know or don't remember is not a good defense. Use your Memory what sounds did you hear. Think did passenger said something like "this is good" then you heard door open maybe some rummaging as gathered belongings then thud.


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## KGB7 (Apr 23, 2015)

If you ask money from Ubers insurance, there is a $1000 deductible.


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## claritys (Aug 12, 2015)

I'm definitely not trying to get anything from Uber on my end. My door closes fine and the super tiny gap at the top isn't noticeable unless you're looking for it. I'm planning on getting it fixed myself before the supposed "giant storm" in CA hits.

What I remember is fairly simple:
"I'm gonna get out here"
"Ok"
*open door* bam.

I mean, a super large percentage of my drop offs aren't full on curb side because I drive in a crowded city, I dunno. I don't care about the accident, the cyclist hasn't responded in several days so I don't think he cares either. Apparently a claims examiner and independent adjuster are going to contact me soon. "The adjuster will contact you to secure the facts in order to determine liability. The adjuster will also discuss any damages to your vehicle as well as schedule an estimate of these damages." Not sure if it's just a formality, or if they're worried about being sued or something. Or if they want me at fault.

But if I don't care, and cyclist doesn't care, where will this go?


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## KGB7 (Apr 23, 2015)

claritys said:


> I'm definitely not trying to get anything from Uber on my end. My door closes fine and the super tiny gap at the top isn't noticeable unless you're looking for it. I'm planning on getting it fixed myself before the supposed "giant storm" in CA hits.
> 
> What I remember is fairly simple:
> "I'm gonna get out here"
> ...


It's all a formality, just give them the paper work they ask. And they should collect $250 from PAX and give it to you.

Don't worry about it and keep driving.


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## elelegido (Sep 24, 2014)

Fat Jack said:


> Bicyclist is supposed to be in the traffic lane just like a car and not driving up the side just because he can squeeze by. Bicyclist is at fault.


I don't know who's at fault, but I bet the cyclist won't be doing that again. Eating tarmac is a good behavior modifier.


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## D Town (Apr 8, 2015)

I'm curious to know how this works out. Since you've already reported it to Uber you can't just stop half way. Dot all your I's and cross all your T's. That's all you can do now to keep your behind as clean as possible. Did you get the pax's info too? Hope so. If the cyclist ignores this then fine but if YOU become the bottle neck then it starts to get ugly for you.


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## claritys (Aug 12, 2015)

Welp, got a call from Uber's insurance company yesterday, and they wanted to hear my claim. I had been drinking at home, so I rescheduled it for today - a few hours ago, and no call. I'll do my best to keep everyone posted.

On a side note, the lady on the phone sounded super chill and we laughed a lot. The more I deal with this, the less worried I am. Account is still active

D Town


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## claritys (Aug 12, 2015)

Welp, the only update I have is: nothing!
After the initial call I mentioned above, I never received one after, nor did I attempt to call them.
In that first phone call, she did ask a couple questions. I told her I wasn't going to make a claim to Uber (less than a $100 fix at a local body shop), and that I only got the bicyclist's phone number (figured they had the passengers' phone numbers).
*shrugsssss*

D Town


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## claritys (Aug 12, 2015)

Oh, and my account is still active and I've been making about the same as usual


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## D Town (Apr 8, 2015)

claritys said:


> Welp, the only update I have is: nothing!
> After the initial call I mentioned above, I never received one after, nor did I attempt to call them.
> In that first phone call, she did ask a couple questions. I told her I wasn't going to make a claim to Uber (less than a $100 fix at a local body shop), and that I only got the bicyclist's phone number (figured they had the passengers' phone numbers).
> *shrugsssss*
> ...


You MAY be in the clear. Check the statute of limitations in your area and just keep that date marked on the calendar.


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## Desert Driver (Nov 9, 2014)

claritys said:


> Sooooo.... I had an incident today. I was driving with a couple passengers in an Uber Pool, and I was stopped a couple cars back from a red light at the first passenger's destination. I was not pulled to the curb, but was in the far right lane next to parked cars. The passenger wanted to get out there, and opened my back door right as a bicyclist was riding by. The cyclist hit my door but wasn't severely injured. He told me his hand hurt but asked me to report the accident to Uber. I'm so worried, as Uber is my main source of income, I literally just closed escrow on a townhouse today, and am not qualified to make this kind of money doing anything else. Anyone have any idea about how Uber is going to handle this situation? I'm worried that I'm screwed


I'd be most concerned about the door. Did your door get ****ed up?


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## Fauxknight (Aug 12, 2014)

Fat Jack said:


> Bicyclist is supposed to be in the traffic lane just like a car and not driving up the side just because he can squeeze by. Bicyclist is at fault.


Unless there was a bike lane next to the curb I agree with this, cyclists on the road follow the same rules cars do.


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## DB2448 (Jun 30, 2015)

The only way I can see you being held partially liable is giving the Pax permission to open their door and leave the car in traffic.


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## Marnie (Aug 19, 2015)

Take a picture of the damage and follow UBER protocol on reporting an accident. The rider is responsible for not looking before exiting the car.


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## claritys (Aug 12, 2015)

Desert Driver said:


> I'd be most concerned about the door. Did your door get ****ed up?


The damage is pretty minor. The door was tweaked a bit, but I pushed it in as far as I could. There's a super tiny gap, but it isn't noticeable unless you're looking for it. However, I got my car washed and it definitely got the back seat wet, so it's enough to let water inside. I got it checked at a local body shop place, and they quoted $50-$100 - I've been there before it's always at the lower end


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## claritys (Aug 12, 2015)

Marnie said:


> Take a picture of the damage and follow UBER protocol on reporting an accident. The rider is responsible for not looking before exiting the car.


I reported the accident through the app, they sent me a form to fill out, which I did. Then they sent an email saying a claims adjuster would call in time. She did, but I rescheduled to talk until the day after, and nothing since. That was over a month ago


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## Marnie (Aug 19, 2015)

No....I just think that it is UBERS policy that ifvyour carvcarvis damaged in way, it is the customer's responsibility.


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## xciceroguy (Aug 10, 2015)

Did you have to report this to your regular insurance company? If so what did they say?


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## claritys (Aug 12, 2015)

Update: Welp, it seems they had been trying to get a hold of me through a different phone number Lol? Anywho, talked to the claims adjuster and recorded my statement. She said if it was my own insurance, I wouldn't be at fault, but that this whole ridesharing stuff is still kinda new. She's going to try a couple times to get a hold of the bicyclist, but if he doesn't file a claim (or even if he does), I should be fine.
Honestly, I'm not too worried about it anymore woo!


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## claritys (Aug 12, 2015)

xciceroguy said:


> Did you have to report this to your regular insurance company? If so what did they say?


It happened during an Uberpool ride, so I was under Uber's insurance. I did not report to my personal insurance


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## Desert Driver (Nov 9, 2014)

claritys said:


> Update: Welp, it seems they had been trying to get a hold of me through a different phone number Lol? Anywho, talked to the claims adjuster and recorded my statement. She said if it was my own insurance, I wouldn't be at fault, but that this whole ridesharing stuff is still kinda new. She's going to try a couple times to get a hold of the bicyclist, but if he doesn't file a claim (or even if he does), I should be fine.
> Honestly, I'm not too worried about it anymore woo!


Thank you, thank you, thank you for sharing this experience.

Folks, let's all learn from this. Don't even think about driving for U/L until you have procured a commercial livery policy. You stand to lose all you have. Be smart. Get insured.


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