Question:

I was riding an e-scooter on the street when suddenly a Lyft driver cut over in front of me and double-parked. The rear passenger flung open the car door into me as I was passing. I went flying off my scooter. I had to go to the hospital. I have no health insurance. Who is responsible to pay my medical bills? Also, my scooter is damaged.

Answer:

Our firm has represented many bike and e-scooter riders who were car-doored by exiting rideshare passengers. These cases can be tricky because everyone will deny responsibility. We’ve been down this road; we know the arguments that the insurance companies will make.

Uber or Lyft’s Insurance Company Will Deny Responsibility

The Lyft driver and his insurance company will take the position that the Lyft driver was not at fault because the passenger exited the car on his own accord. Lyft’s insurance will contend that the Lyft driver had no ability to stop the passenger from exiting, and if the driver had tried to stop the passenger from getting out, that could have been classified as false imprisonment.

Passenger’s Insurance Company Will Deny Responsibility

The passenger’s auto insurance adjuster will claim that the driver instructed the passenger to exit there and that the passenger had no control over where the driver pulled over, and that the passenger was unfamiliar with the area and didn’t know they weren’t supposed to get out there.

The Driver and Passenger Are Both at Fault for Car-doorings

If an exiting Uber or Lyft passenger opens the car door into a passing e-scooter rider or bicyclist, in all likelihood, both the rideshare driver and the exiting passenger are at fault. Both of their insurance companies should pay you.

Injuries Suffered by Car-dooring Victims

When you get car-doored, the injuries can be serious. The most common car-dooring injuries we see are broken bones, concussions, and road rash. An injured bicyclist or scooter rider can incur substantial medical bills and may require ongoing medical care. The injury victim may have to take time off work and suffer lost wages.