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Thread: What A Day

  1. #1
    Regular Member nufckev's Avatar
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    Default What A Day

    Driving along today when a woman opened her car door and smack i hit it .
    so i need a new pass wing and bumper,
    so the car is going in on monday ,
    the woman has now said it was open and i just drove in to it eh not what i remember , it just opened in front of me and the damage to her door is bottom corner where i hit it if i had just drove into it i think i would have took if off. it gets better she was fine ,now she has went to the police and she now has a chipped bone in her shoulder and i will be getting a letter from her insurance company and she is saying it was my fault so not a good day i always thought if you opened a door without looking it was your fault not the poor driver who hits it

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    Regular Member chrisk318's Avatar
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    she is after a bit of compo! say you got wiplash and suffering from trauma. two can play that game

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    Regular Member Caterman's Avatar
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    Regular Member n_hudson's Avatar
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    Do you have ANY witnesses? This happened to a nurse at the birds practice, she was driving along when some tart opened the door, wham bang wollop. She seemed fine about it all and exchanged details etc and admitted fault, but then I guess she had been home and spoken to hubby, she then denies ever saying it was her fault... THEN suddenly she has a WITNESS who claimed to be in the car! WTF! SO it went to court and the ****** tart won! Our friend had to pay ALL court costs and damages! It turns out that it IS your fault if you hit someones car door, IN THE EYES OF THE LAW. Which I think is b*llocks personally! I guess it's like going into the back of someone... they somehow think you should expect it! I always carry a disposable camera to catch these w*nkers out... People aren't to keen on lying then, they dont know how good your pictures may or may not be... LOL

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    Regular Member Ste's Avatar
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    Default

    Cameras of phone are a good idea in this situation, document the damage ad conditions.

    Very bad day, but I actually think there is something in the highway code about giving parked car enough space for a door opening event.

    Good luck in resolving it.

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    Regular Member parapaul's Avatar
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    Quote Originally Posted by Ste View Post
    I actually think there is something in the highway code about giving parked car enough space for a door opening event.

    Good luck in resolving it.


    Whether it is technically your fault or not, the fact she's changed her story stinks.

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    Default Sorry to Hear That

    Sorry to hear about your incident. Unfortunately, as far as I know, it's *technically* your fault even though it's her stupidity that did it!

    Someone above posted rightly in that you should leave room for a door to open and if you didn't then you're at fault... however! If you say that someone was coming towards you the other way which caused you to not leave enough room and she was careless opening her door then you might have a case.

    My mate had someone pull out on him at a junction on a 60mph road, he was doing about the speed limit and he had to brake hard, hit them in the boot and they said it was their fault, blind corner etc and didn't see him coming. Then, weeks later they were claiming he was going too fast, they left plenty of room and because it was a rear end crash, they won!

    It sucks, but you need a camera AND a tape recorder at the accident!

  8. #8
    On a Sabbatical VauxVeteran's Avatar
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    NP here at all, if you hit her open door she is at fault 100% and that's how the insurance will see it, she is at fault because the rules are you look behind before opening any car door, by the sound of it she's in for a shock because she obviously thinks it's your fault for not predicting she wanted to alight the vehicle, just give it to the insurance to deal with, you're on a 100% winner here, she just doesn't have a case.

    Just had a read of the other replies and as far as I know unless the law has changed the person opening the door is at fault, at least I was some 20 yrs ago when I did it.
    Last edited by VauxVeteran; 19th July 2008 at 14:00.

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    Regular Member mcwharam's Avatar
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    Road Vehicles (Construction and Use) Regulations 1986
    Regulation 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.


    It takes me back 20 years to when I first learnt this stuff. Still current as far as I am concerned. Just need to prove that the door was opened up into you. There are accident investigators who will look at your car and provide a report as to how damage has been caused. See if your insurance company is willing to contribute to cost.

    Best of luck.

    Martin

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    Regular Member nufckev's Avatar
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    Thanks for all of your replies. I have spoken to a solicitor who says the same as mcwharam.

    As for leaving room for a car door there was no room what so ever as there were cars parked on both sides of the road.

    I will let you know what the outcome is

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