sarjo Posted November 2, 2007 Share Posted November 2, 2007 Last night, I parked 80% on kerb, 20% on road outside my house (not in my supra) and was getting shopping out of the car. When my hands were full I used my bum and shut the door to first click (so it wasnt fully shut). As I was just going into the house I heard a great bump and found a woman half way up the road in a volvo with her wing mirror hanging off. When I looked at my car, the door had sprung open, the moulding hanging off and part of the metal edge on the door folded back. I'm looking at the damage and cant believe that this happened with the door shut, and am now questionning whether I shut the door properly or not! The thing is, if I shut the door, she is liable - if the door had swung open then I'm guessing I am liable. The other driver has not admitted liability, and is suggesting to me that the door was open in the road. The thing is, my door when open has two bright lights, one red, one white which would show the door is open so she should have seen it. I had the dog in the car so I am sure I would have shut it, but I'm guessing now its her word against mine in the hands of the insurance companies. Any advice? Quote Link to comment Share on other sites More sharing options...
Supragal Posted November 2, 2007 Share Posted November 2, 2007 You know... I really don't know! In theory she hit a stationary object. Are there any parking lines on the road? Quote Link to comment Share on other sites More sharing options...
Scoboblio Posted November 2, 2007 Share Posted November 2, 2007 I can't imagine it matters TBH, if it was open in the road when she approached your car (and didn't swing open on her as she was passing), then she should've stopped. Regardless of where you were at the time, surely she should've stopped for an obstacle in the road? Quote Link to comment Share on other sites More sharing options...
Supragal Posted November 2, 2007 Share Posted November 2, 2007 Actually I seem to remember there being a rule in the highway code where you have to leave a doors width from stationary objects. That might just have been something my instructor made me do, but that was so long ago I couldn't be sure!!! Quote Link to comment Share on other sites More sharing options...
NeoFuture Posted November 2, 2007 Share Posted November 2, 2007 its her fault regardless she was in motion and resposible for hitting you, not the other way round. Quote Link to comment Share on other sites More sharing options...
bluecoup Posted November 2, 2007 Share Posted November 2, 2007 The Door Was Closed Quote Link to comment Share on other sites More sharing options...
spidermonkey Posted November 2, 2007 Share Posted November 2, 2007 its her fault regardless she was in motion and resposible for hitting you, not the other way round. Yep iwould go along with that:) Quote Link to comment Share on other sites More sharing options...
Snooze Posted November 2, 2007 Share Posted November 2, 2007 I would tend to agree - even if the door swung open right infront of her, she might be found liable. If it were my insurance claim, I would probably just state that you "parked, engaged the handbrake and turned off the car. Then you got out of the car with the shopping, intending to return to collect the rest afterwards. You heard a collision outside and returned to find that the other car had hit your open door." That's all I'd say. No need to mention trying to close the door or anything. Quote Link to comment Share on other sites More sharing options...
Supragal Posted November 2, 2007 Share Posted November 2, 2007 Yeah as above. Because you don't know!!! Quote Link to comment Share on other sites More sharing options...
heartworm Posted November 2, 2007 Share Posted November 2, 2007 a woman got done recently for hitting a door as someone swung it open as she hadn't left enough space for the door to open, and was going to fast to stop if it did swing open, was somewhere down south that happened. Quote Link to comment Share on other sites More sharing options...
Cadburys Purple Posted November 2, 2007 Share Posted November 2, 2007 I would tend to agree - even if the door swung open right infront of her, she might be found liable. If it were my insurance claim, I would probably just state that you "parked, engaged the handbrake and turned off the car. Then you got out of the car with the shopping, intending to return to collect the rest afterwards. You heard a collision outside and returned to find that the other car had hit your open door." That's all I'd say. No need to mention trying to close the door or anything. Exactly that! Quote Link to comment Share on other sites More sharing options...
DaveK Posted November 2, 2007 Share Posted November 2, 2007 a woman got done recently for hitting a door as someone swung it open as she hadn't left enough space for the door to open, and was going to fast to stop if it did swing open, was somewhere down south that happened. This seems slightly ridiculous to me. On any road I can think of, if I left enough room for the door of any parked cars to open - I'd be driving on the opposite side of the road and having head on collisions! Quote Link to comment Share on other sites More sharing options...
heartworm Posted November 2, 2007 Share Posted November 2, 2007 This seems slightly ridiculous to me. On any road I can think of, if I left enough room for the door of any parked cars to open - I'd be driving on the opposite side of the road and having head on collisions! Think she was done for not going slow enough to stop when a door opened though. Your meant to be able to stop for any hazards Quote Link to comment Share on other sites More sharing options...
Soop Dogg Posted November 2, 2007 Share Posted November 2, 2007 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. Road Traffic Act 1988 Section 42 A person who ... contravenes or fails to comply with any construction or use requirement ... is guilty of an offence. I think you were in the wrong - sorry. Quote Link to comment Share on other sites More sharing options...
merckx Posted November 2, 2007 Share Posted November 2, 2007 its her fault regardless she was in motion and resposible for hitting you, not the other way round. His door might've been in motion too. The type of damage to the door should indicate if it was open or not. Quote Link to comment Share on other sites More sharing options...
Soop Dogg Posted November 2, 2007 Share Posted November 2, 2007 its her fault regardless she was in motion and resposible for hitting you, not the other way round. So you can fling open the door of your parked car just as a car is about to drive past and get away with it? Somehow I don't think so. Quote Link to comment Share on other sites More sharing options...
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