Personal injury? Discover your rights!

Questioner

Dear Sir/Madam, on 7 nov. i was cycling with my girlfriend on a cycle path when a person in a parked car suddenly opened her door and we both fell to the ground. a lot of damage to our bikes and physically a lot of muscle pain and bruises. i did not report my injury to the family doctor, it was probably better to do so. the lady in question (at that time a newspaper deliverer for the NRC) promised to immediately compensate all damage. i have everything on paper, girlfriend and in his witness for it, so i also have her statement. after several telephone contacts, we had an appointment. after that nothing more heard from the lady. can you still do anything for me in this? damage is for me 172.85, for me quite a lot of money.

Lawyer

Based on article 185 WVW the female driver is liable. In your case there is a violation of article 54 RVV. Opening the door is namely a special manoeuvre. You can recover your damages from the female driver and from her employer. In the latter case you must base your claim on article 6:170 BW in conjunction with article 6:162 BW. In your case, however, I advise you to recover your damages from the car's WAM insurer. This is usually a professional party that is familiar with settling damages. That will certainly be easier than via the motorist. Based on article 6 WAM, you have a direct right of action. You can request the insurance details via the RDW. If you have any questions, please feel free to ask.