A cyclist riding through a narrow street with cars parked on both sides, leaving limited space

WHO PAYS WHEN A CAR DOOR HITS A CYCLIST?DUTCH DOOR ACCIDENT LIABILITY EXPLAINED

 


It was a quiet morning in Amsterdam. Jan was riding his e-bike on the familiar fietspad (bike lane) along the canal, heading to work. The sun had just risen, and the road was clear. Suddenly, a parked car opened its door right in front of him.

Jan had no time to react. He crashed into the door, fell to the ground, and broke his arm. His e-bike’s front wheel was badly bent.

This type of collision is common in the Netherlands and has a name: a dooring accident (deurongeval). But in the aftermath, one question always arises: who is legally responsible?


Applicable Dutch Laws

Dutch law does not leave this question unanswered. Several provisions directly regulate the act of opening a car door and the consequences when accidents occur. Together, they form a layered system of responsibility.

  • At the most basic level,
    RVV 1990 – Article 54 states:
    “Het is verboden een portier van een stilstaand voertuig te openen zonder dat men zich ervan heeft vergewist dat dit geen gevaar oplevert voor het verkeer.”
    (It is prohibited to open a door of a stationary vehicle without first ensuring that this does not pose a danger to traffic.) 👉 wetten.overheid.nl – RVV 1990 art.54

  • When the outcome is more severe,
    WVW 1994 – Article 6 provides:
    “Hij die zich zodanig gedraagt dat een verkeersongeval te wijten is aan zijn schuld, waardoor een ander wordt gedood dan wel lichamelijk letsel oploopt, is strafbaar.”
    (Anyone who behaves in such a way that a traffic accident is due to his fault, causing another person’s death or bodily injury, is punishable.)
    👉 wetten.overheid.nl – WVW 1994 art.6

  • Finally, at the civil liability level,
    BW – Book 6, Article 101 (Eigen schuld) allows courts to reduce damages:
    “Wanneer de schade mede een gevolg is van een omstandigheid die aan de benadeelde kan worden toegerekend, wordt de verplichting tot schadevergoeding verminderd…”
    (When the damage is partly the result of a circumstance attributable to the injured party, the obligation to compensate shall be reduced accordingly.)
    👉 wetten.overheid.nl – BW 6:101

Together, these rules show that Dutch law imposes a clear duty of care on the person opening the door, but also leaves room for shared responsibility if the cyclist contributed to the accident.

narrow bike lane alone with parking car


Case Law: How Courts Apply These Rules

Statutes provide the framework, but case law shows how judges interpret them in practice. Dutch courts have repeatedly addressed dooring cases and reached consistent conclusions.

  • ECLI:NL:GHDHA:2020:1129 – Court of Appeal The Hague (21 July 2020)
    A motorcyclist collided with a car door opened into a cycle path. The court held the driver liable (autobestuurder aansprakelijk) for failing to check before opening.
    👉 Rechtspraak.nl

  • ECLI:NL:RBDHA:2024:14341 – District Court The Hague (9 September 2024)
    The driver opened the door despite clearly seeing a cyclist approaching. The court classified this as criminal negligence under WVW art.6 and imposed 120 hours of community service plus a driving ban.
    👉 Rechtspraak.nl

  • ECLI:NL:RBGEL:2022:830 – District Court Gelderland (24 February 2022)
    A cyclist struck a door protruding into the carriageway. The court confirmed this as a dooring accident (deurongeval) and held the vehicle owner primarily responsible.
    👉 Rechtspraak.nl

These judgments demonstrate that courts consistently prioritize cyclist protection, but they also consider contributory negligence when applicable.

Put simply: judges usually side with the cyclist, but if the rider also broke rules, they may not get full compensation.


What emerges from the combination of law and case law is a consistent pattern.

  • General rule: If a door is opened without checking, the driver bears 80–100% of liability. This reflects the Dutch principle of protecting zwakke verkeersdeelnemers (vulnerable road users).

  • Contributory negligence (eigen schuld): If the cyclist was riding against traffic (tegen de rijrichting in), speeding, or using a non-compliant e-bike (>250W, >25 km/h), courts may reduce damages by 20–30%.

  • Criminal aspect: In serious injury cases, WVW art.6 can turn the event into a criminal offense, meaning the driver faces both civil damages and criminal sanctions.

In short, Dutch law holds the driver primarily accountable, but it does not ignore risky or unlawful cyclist behavior.

Interested in related cycling law and safety topics in the Netherlands? check the related article here :Netherlands: Fatbikes, Teenagers, Speed Limiters & New Helmet Regulations


Practical Implications

What should you do if a dooring accident happens? Both cyclists and drivers have clear steps to follow.

Cyclist 🚲 Driver 🚗
📞 Call the police (politie) and make sure the accident is officially reported. 📞 Stay at the scene and cooperate with the police.
📸 Collect evidence: photos of the scene, damage, car door, and witness details. 📝 Exchange details with the cyclist (name, address, insurance).
🔧 If the e-bike cannot be ridden, call ANWB Wegenwacht for roadside assistance. 📄 Inform your WA-insurer immediately (third-party liability insurance).
💰 Insurance: normally the driver’s WA-verzekering covers the damage. If needed, claim through your own fietsverzekering first. ⚠️ Accept liability procedures — dooring accidents usually fall under WA coverage.

💡 Prevention tip: The Netherlands actively promotes the Dutch Reach method (Deense greep in Dutch). This means opening the door with your far hand, which makes your body turn and forces you to look over your shoulder. By doing this simple move, many dooring accidents can be avoided. Learn how to do the dutch reach


In the End, Who Pays?

The story of Jan may be fictional, but similar dooring accidents (deurongeval) happen on Dutch streets every day. The legal answer is clear: the person opening the door carries the main responsibility, yet cyclists are not completely shielded if they themselves break the rules.


Common Questions about Dooring Accidents

Q1: Is the driver always at fault in a dooring accident?
Almost always. Under RVV 1990 art.54, the person opening the door has a strict duty of care. However, if the cyclist rode against traffic (tegen de rijrichting in), was speeding, or used a non-compliant e-bike, courts may apply BW 6:101 (eigen schuld) and reduce compensation.
Q2: What if the cyclist was using an e-bike faster than 25 km/h or more powerful than 250W?
Such an e-bike does not qualify as a bicycle under Dutch law. If it is involved in a dooring accident, the rider may be treated as a moped driver. This can reduce or even eliminate their right to compensation.
Q3: Can the driver face criminal charges?
Yes. If the accident causes serious injury, WVW 1994 art.6 applies, which can lead to criminal prosecution for negligent driving.
Q4: What insurance covers the damages?
  • Driver: Their WA-verzekering (mandatory third-party liability insurance) usually covers the cyclist’s damages.
  • Cyclist: If necessary, they can also claim through their fietsverzekering for damage to their own bike, but normally the driver’s WA is primary.
Q5: What should both parties do immediately after an accident?
  • Call the police (politie) to create an official report.
  • Take photos and gather witness information.
  • Drivers must exchange details and report the accident to their insurer.
  • Cyclists can call ANWB Wegenwacht if the bike is unrideable.

Further Reading

Interested in how other countries handle dooring accidents?

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