Do you really have to let a motorist hit you for them to be liable for damages?
Just wondering.
I'm aware of a situation where a cyclist was seriously injured trying to take evasive action when a car turned in on him. Despite being badly hurt, the alternative would have been far worse. He's being told that because he didn't actually get hit by the vehicle, he's on his own.
This would be the equivalent to driving off the road to avoid a head on collision because some idiot made a pass where they shouldn't and then being told you were on your own because he didn't hit you.
He's not interested in coming out ahead in the situation but unfortunately, real out of pocket damages sustained in this case were considerable.