Lane-splitting accident at offramp

[iijan]

Hi All,.

unfortunately i was involved in a motorcycle accident this morning at nelson st offramp,

as I was lane-splitting between stationary vehicles, the car on my left side popped open his door while waiting for red lights at the offramp,.

which then subsequently i drove right into the car door cutting my radiator in half. Luckily i came out the accident with no broken bones


Is lane splitting illegal in NZ?
Will the car owner's insurance company do me for lane splitting?

any help is appreciated,.

[jtzzr]

1:Hi
2:Bummer
3:Filtering
4:What a c#@t in a cage
5:Glad your`e ok
6:I think you in the doo
7:I`m usually wrong

[Swoop]

Opening a car door on traffic is illegal. If another vehicle hits it, the door-opener gets done.

If the cages are stopped for the lights, you are probably OK. Look here.

[Quailboy]

Why did he open his door? Was it so you'd ride into it?

[Jantar]

If you were passing a stationary vehicle, on the right hand side while still in your lane, then you are in the right. Irrespective of the legality or otherwise according to the road rules, the driver is guilty of intentional damage to your vehicle.

[sAsLEX]

It is illegal to open a car door if it is going to do harm to anyone.

But your lane splitting might be semi-legal......

[Dave-]

stopped car is parked.

[Ragingrob]

If the cars are stationary you are filtering, not lane-splitting. You are pretty much riding between parked cars, completely legal on either side of the centre line.

Did they open their door on purpose to hit you?

[Forest]

Was it the driver door or passenger door that you ran into?

[rastuscat]

If you were passing a stationary vehicle, on the right hand side while still in your lane, then you are in the right. Irrespective of the legality or otherwise according to the road rules, the driver is guilty of intentional damage to your vehicle.

Just gotta love bush lawyers.

The offence is Carelessly Opening A Car Door.

To prove intentional damage you have to prove intent, and that is all but impossible unless you get an admission. Given that the plonka in the car almost certainly just did it out of carelessness or stupidity, the intentional damage charge wouldn't stick.

Regardless of whether you are right or not to have been lane splitting (I think you are right, as long as the cages were stationary), the door being opened and knocking you off was careless.

My tupennies worth.

[Mom]

I once got hit by both the passengers rear and front doors undertaking a stopped car on the left hand side. Not to be recommended. The rear door was opend by someone that did not look (not expecting me to launch into view mind) the front passengers door was opened by someone wanting to know what the hell was happening. Think it may have been that one that did my elbow and indicator.

People can open doors anytime, anywhere.

[iijan]

hi all,

thanks for your responses,

to answer some of the questions,

1. Cage driver opened his driver side door cause he wanted to get his bag from the back seat.. careless? or clueless...

2. after the impact, my bike and myself fell to another stationary car on my right side who subsequently gave me his card to act as a witness..

3. Both lanes the cars are stopped for the lights, as i travelled between the stopped cars, one of the left opened the driver door


the damage doesnt seem too bad, the radiator rad is broken leaking coolants,.. so that needs replacing.. and my left indicator light needs replacing too...

[Mystic13]

My understanding is;

1/ filtering past stationary vehicles is legal, (so you're okay there)

2/ in the road code you are not supposed to open your car door without checking your mirrors first and looking.

My thoughts are legally this guy is in the wrong.

If you're insured which I'm sure you are, and you have the witness details then the insurance guys sort it between themselves. If you want to make sure you retain your no claims and that your insurance firm wins then I'd discuss it with them and attach information for them.

Both of the above are in print so you should have no problems.

It's a bit of a problem when this happens. If the cars would have been moving it would have been a different story.

The funniest one I had was filtering down Remuera Road before Broadway and the passenger door flies open and I hit the brakes as a person jumps out. I manage to stop and for a few seconds we both have stunned looks. He's a little person and his face was dead in line with my head light. And I'm stunned because I've never had a car door fly open on me before and never in my wildest imagine would i have expected to have a startled (dwarf) little person in front of me.

He then shut the door and darted off between traffic.

So, me thinks, no problems, you're rock solid on this one.

[Squiggles]

Is lane splitting illegal in NZ?
Will the car owner's insurance company do me for lane splitting?

any help is appreciated,.

They wont be happy about it thats for sure... Got insurance yourself?

[CookMySock]

It is illegal to open a car door if it is going to do harm to anyone.

Regardless if they KNEW it would do harm or not, it is still careless use of a motor vehicle causing injury. Careless doesn't have to be intentional.

1. Cage driver opened his driver side door cause he wanted to get his bag from the back seat.. careless? or clueless...

It does not matter which. The law says it is careless use, so that is that.

after the impact, my bike and myself fell to another stationary car on my right side who subsequently gave me his card to act as a witness..

Excellent. That is very useful for you.

Both lanes the cars are stopped for the lights, as i travelled between the stopped cars, one of the left opened the driver door

Good. Since he is on the left, and you are on the right, and he is stationary, then you are completely legal since you are passing on the correct side.

Time to make a complaint to the police and get him processed, then claim your damages from him.


Steve