Well this year just keeps on giving.
today after work i parked my car in the usual spot ( an alleyway approx two car width wide)just opened door so it was only a little open as i forgot to pick up my bits on passenger seat as i turned to get out i opened the door fully and a car came rushing past and hit my door.
not much damage but the guy came right in my face wanting to fight over it in front of his kids and partner. (each to their own)
just not sure where i stand to be honest. can anyone give any advice?
It was your fault.
His fault - he hit a stationary object.
Was the door moving as he hit it?
yes i did open door as he drove past.. but to my defense he was going fast down an ally just did not see him!
Insurance companies tend to look at where the damage is:
Outer skin of door panel - usually his fault.
Trailing edge of door - usually yours.
This is how we used to look at this about 15 years ago when I worked for an accident assessment company.
Might have changed since then.
Blow for blow. Aggravating though...
Meh don't admit anything, tell your insurance company the truth and let them sort it, that is why you pay them.
you
You opened your door hitting the car had you not they would have missed you they did not drive in to an open door.
oh yeah i have been completely honest.
what bugs me though the guy would not have even been there if my neighbor was not up to doggy activities 😉
it was trailing edge of my car and hit hit bumber/wheel arch
mega annoying never had a accident and for something silly going to cost me dearly.
oh well its only money 🙁
The Road Vehicles (Construction and Use) Regulations 1986
Opening of doors
105. No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.
does this count for off the road.. this happen in a garage parking area (was not on the road)
I think broadly speaking - whether or not an accident happens on a road, in the sense of a public highway rather than private ground, doesn't matter.
If it was a public/communal area then they count as roads for [s]most[/s] some road traffic offences (like supermarket car parks do, even though privately owned), not sure for this one to be honest.
Shouldn't worry though, I only posted that offence to answer the question, not to suggest that you'll be stuck on for it.
Ok thanks everyone.
Not the news i wanted to hear but life goes on and at least i have my bike 🙂
Similar thing happened to me a few years ago... Narrow alley, taxi over took (squeezed past) me. Ripped the mirror off and bashed the door/wing join. I didn't open the door, was just sat minding my own business. He tried to blame me. 🙂
In your case, I'd say it's down to you. Sorry.
Your fault. Though if the bloke is in your face and wants to fight, you might question whether his car is appropriately taxed and insured.
If you both argue that it's the others fault, it'll probably end up going knock-for-knock. This will then only cost you if you claim for your door to be fixed (cheaper just to fix/leave rather than loose, minus excess?).
Still need to advise on insurance renewal though.
I like this idea, always open car doors with your opposite hand:
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I like the idea of opening the door with your other hand 🙂
Im just going to tell the truth and say that he was speeding on min no one was there then the next min bash.
lesson learned.
On the plus side just gone out on my bike and managed top 3 out of 701 people on a hill.(got to love strava) Happy days
It could have been a cyclist, then serious damage and a lot of NHS care to look after them.
So the driver, his partner, and 2 kids all claim for whiplash, trauma etc, nice hioliday in disney land for them next year then,and a nice hire car while theirs is getting repaired.
Speeding driver,do cars come with spped detection equipment now,or is that a generalterm for failure to see a large moving object approaching at any sped from 1 mph to faster.
Quite a few cyclists been killed by car doors opened the same way the OP did.
How did you know the car came 'rushing past'? I would think a car hitting a door, even at 10mph would make a helluva bang and what would his altenative have been if he had any warning? Hit the wall on the other side to protect your door?
what bugs me though the guy would not have even been there if my neighbor was not up to doggy activities
blackmail?
your own admission pretty much says
you looked
you opened slightly
you turned round did some other stuff
then you got out without looking.
Maybe some of you need to take a step back and see that this was an accident I did not intend to open a door as a car came around the corner. And yes your right my judgement in speed awareness may not be to what of a calibrated gatso.
No point in dwelling about if I opened a door to a cyclist as I didn't any way I are you not ment to give some kind space between you and a object in the road.. Like giving room to a cyclist in the road.
Anyway I thank you all for the comments (take the ruff with the smooth)
Your fault but I bet the insurance companies find it 50/50.
Yes thats right the law says oter car driver must drive through a wall incase a door opens on him
How ever he should have spotted your door being unlatched and percieved it might be a hazard
Id expect that if your doors still on its hinge and closes then he wasnt going all that fast
Id see it 50/50 if it goes to insurance as well although if you flung your door open in front of me accident or not id be blaming you also as if you had looked immediately before opening then it most likely wouldnt have happened.
Sorry to hear about your bad day brunders, and this really could have happened to any of us. With regards to the cyclists, yes that could have caused serious injury, but when I teach kids I tell them to leave "a door and more" when overtaking a parked car. I know this may not always be possible, but a good thing to aim for.
Good luck sorting it.
Simone
I'm not trying to worm my way out of responsibility just telling the truth.
Does seem like the pitch fork are out though
Honesty is always the best policy.
My uncle opened his car door and a bus knocked it right off. He had it replaced, a week later in the same street a bus knocked it off again. Some folk never learn.
I parked my mini in a slightly iffy spot when I noticed a traffic warden who would surely ticket me. A legal space was vacated a little further back up the one way street. The mini pick up was old and didn't have interia reel seat belts. When I jumped back in the sound of the door securely closing was the same as the metal seatbelt clasp impeding the door.
Looking over my left shoulder I sped in reverse unaware that the door had swung open and caught on a lamp post. It ripped the door clean off.I picked it up popped it in the back and drove back to Fife across the Forth Road Bridge doorless. The guy who took my toll money nearly died laughing.