Cyclist succeeds against driver in door-ing case

Aaron Smith, a 26 year old aircraft maintenance engineer & student, was riding his bicycle along Boundary Street in West End.

A motorist who had parked his car on the side of the road opened the door of his car in front of Mr Smith.  Mr Smith and his bike struck the car door causing him to be thrown over the handle bars and onto the road.

The CTP insurer, Suncorp Insurance,  admitted the driver was a fault but contested the amount of compensation it was obliged to pay.

Mr Smith claimed he injured his left index finger and aggravated a lower back condition.

The CTP insurer’s case was that the effects of the finger injury were very minor and that the lower back problems were not related to the car accident.

The court found that Mr Smith’s back problems were not related to the accident but did accept his finger injury resulted in an ongoing disability.  Mr Smith was awarded $67,000 in injury compensation.

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For more details read the full version of the court judgment:

Smith v Moore & Anor [2015] QDC 273

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