The Law Offices of James M. Freeman, P.C.

Mario sent the following e-mail:

Lawyer Jim, I have heard of people getting "doored" by cabbie passengers. How would that be handled?

If you are doored or caused to crash by a taxi passenger who opens a door in your path you should get the information of not only the driver, but also the passenger who opened the door. You should call the police and report the dooring immediately. If there is more than $1,500.00 in property damage ($500.00 if the accident involves an uninsured driver) or any injury the police should make a traffic accident report. You want to be sure to get the taxi's information, but also the passenger's information: name, address, phone number, and insurance information. Be wary of people who refuse to show you their identification, I have seen many case where bicyclists were unable to recover because they left the scene with a false name and number for the defendant driver - another reason it is always good to have the police come to the scene.

Usually in such circumstances the driver's insurance is primary, but in the event that the taxi is uninsured or the cabbie doesn't have enough insurance you want to be sure you preserve the option of pursuing the passenger's auto or liability insurance.

FYI - the same procedure applies to doorings by non-taxi passengers. Get the info of the driver and passenger.