Well, dkohara's original thread may have wandered off topic but nevertheless it got some of us examining the highway code again.
I found it a little contradictory in places but the most useful sections relating to the original thread were, 67, 133, 163, 167 and 168.
The main instructions seem to fall under the three phrase's, "you should", "you must not" and "When safe to do so".
I think the perception of the meaning's may vary slightly between readers and could be clarified.
The first two are self explanatory and the third, "When safe to do so" clearly puts the responsibility on the rider/driver making the manoeuvre in my opinion.
Out of interest I emailed Bikeability outlining the scenario of the original thread as I thought it may assist dkohara if making a claim. Their reply follow's.
Thank you for your email. Unfortunately, without being there to witness the incident it is impossible to say who may have caused the accident and be at fault.
Within the Level 2 Bikeability programme riders are taught how to move around parked cars. To perform this manoeuvre correctly the riders should cover the following points:
1, ensure they look over their right shoulder for following vehicles before moving from their primary road position into the secondary road position.
2, only move out into the secondary position when they think it is safe to do so and this may mean giving way to vehicles before reaching the parked car.
3, when it is safe to do so they should move out into a position where the parked car can be passed safely.
4, leave a car door width between them and the parked car when riding passed in case the door opens.
If the rider in question had followed the points above then they may have had to wait for the car behind them to pass before they went around the parked vehicle. They would have also made the car aware (by looking behind them) that they were moving out to pass the parked car. If the road was narrow and the rider was a door width away from the parked vehicle as they passed it, then the car behind would have had to wait as they wouldn’t have been able to pass them without crossing over onto the opposite side of the road. However, if the car was going too fast, then their only option may have been to pass the rider.
Hope this helps.