Yes the Mway was closed but only for about 10mins.
The woman that opened the door stayed at the scene so will hopefully get what she deserves.
The biker concerned phoned me last night to say thanks, he is fine only a few aches and pains but he was having problems finding where his bike was recovered to.
I would think that as the driver is legally in charge of the car on the road he would be responsible,and his insurance would pay up! but I could be wrong.
The driver did admit liability though at the scene as when he gave his statement to plod he said
" its my fault I shouldn’t have let her open the door" don’t know if he could retract that later.
Interesting one this, hope you guys can shed more light on it.
I agree with busa, if a passenger is not wearing a seat belt the driver takes the rap for it so surely this would be the responsibilty of the driver and his/her insurance to sort out.
Drivers are only responsible for front seat passengers and rear seat children. Rear seat passengers not wearing a seat belt etc are their own responsibility and face their own charges and penalties.
I doubt the driver is responsible, but his insurrance may cover third party damage caused by passengers in the small print. If the vehicle was stationary the passenger is perfectly entitled to leave it. The damage she does as she does so will probably be her responsibility and she could be liable for a charge for criminal damage if she was adjudged to have acted recklessly as to whether damge to property resulted. Getting out of a car on a motorway for no good reason is pretty reckless and could lead to a claim for criminal injury compensation.
However, most household insurance policies include some personal liability insurrance which would cover the amount of damage done here.