Who would be at fault if you were to crash into a car door?

[Dup]

I've had several people either fling open car doors or park on double yellow lines so they can use the postbox then simply fling open the car door regardless of who's coming towards them, in this case i use the horn and door skimming technique.

Yeah, I think these people deserve to get their doors taken off. The orst ones are the people extracting their kids on the road side of the car in rush hour. Yes, I can imagine it's a logistical challenge but I'd rather be leaning over the back seat from the safety of the pavement and get a bad back than risk my own and childs life like that.

I don't see how any of the blame could be on the person who hits the door unless said driver is proven to be speeding or not paying attention.

 

[BD10NNF]

Ive been told that it depends on how it happens. If the door was already open when you are approaching the car it would be your fault for not paying attention. If the door opened as you passed the car then its there fault for not looking.
That pretty much sums it up.

 

[Dutch Guy]

If that happens both parties will be at fault and both parties will lose NCB

You need to watch before opening the door but the car has to take precautions should a door open and avoid.

 

[GuruJockStrap]

I thought it went something like this.

1. Driving along a road. Car parked on side of the road in the same direction as you're going. Door opens and you hit it. Your fault.

2. Driving along a road. Car parked on side of the road facing you. Door opens and you hit it. Person sat in the parked car for clearly not see a car approaching head on.

Or is that rubbish?

 

[Peerzy]

My dad opened a door onto the road as a car drove past and hit it about 10 years ago. He hardly did any damage but just paid cash after the person had got a quote as it thought it would have gone against him and didn't want to go through insurance.

Infact he was the passenger in the car and it wasn't his car, so he just considered it the 'right' thing to do.

 

[RDM]

I thought it went something like this.

1. Driving along a road. Car parked on side of the road in the same direction as you're going. Door opens and you hit it. Your fault.

2. Driving along a road. Car parked on side of the road facing you. Door opens and you hit it. Person sat in the parked car for clearly not see a car approaching head on.

Or is that rubbish?

Rubbish I think because in situation 1 they should use that mirror thingy stuck to the door.

 

[s-man]

Sounds like no hard and fast rule to me and specifics regarding the incident would determine where blame was apportioned. On the subject of allowing room for a door to open whilst passing parked cars it may sound ludicrous in the real world but if it is true it is not unique. Think about other rules that DO exist but if followed routinely would cause mayhem...for example not emerging from roundabouts or junctions until approaching drivers have completed their manouvres.

Speaking from personal experience I pulled out into a vehicle from a junction after taking another drivers indication in good faith and, even though the police happliy admitted that they do the same thing day in day out in common with 99% of all other road users, it's still not the 'right' thing to do so it may be the norm but if you do it and have an accident you are still at fault in the eyes of the law...

 

[neoboy]

If that happens both parties will be at fault and both parties will lose NCB

You need to watch before opening the door but the car has to take precautions should a door open and avoid.

Would be pretty damn hard to react though if someone was silly enough to open a door 4 feet in front of your car?

 

[a1ex2001]

It is the fault of the door opener 100%.

A friend in school was riding his bike down the rode and someone opened a car door in front of him and took him out. He got a shiny new bike and some nice compo money for his injuries.

It can't possibly go any other way it is you responsibility to ensure the way is clear before obstructing the highway not the other way round or else the road system would be chaos and cars would have to give way to pedestrians crossing the road.

 

[Janesy B]

It is the fault of the door opener 100%.

A friend in school was riding his bike down the rode and someone opened a car door in front of him and took him out. He got a shiny new bike and some nice compo money for his injuries.

It can't possibly go any other way it is you responsibility to ensure the way is clear before obstructing the highway not the other way round or else the road system would be chaos and cars would have to give way to pedestrians crossing the road.

That's a bike, not a car. Thus rendering this scenario useless.

 

[Le_Petit_Lapin]

People are always opening their damn doors in front of me! 90% of the time its on roads where its jam packed with parked cars on both sides of the road and you simply don't have the option of leaving 4 ft on your right hand side, let alone your left!

I'd bloody well hope the door opening fool is liable!

 

[Dutch Guy]

I remember a thread of this issue a while ago, it was on a narrow street in the dark, but I can't remember what the outcome was, I think it was 50-50

 

[a1ex2001]

That's a bike, not a car. Thus rendering this scenario useless.

How so? It is no different, bike was riding down the highway (two lane road with cars parked on both sides) within 4 feet of a parked car. Car driver opens door and takes out cyclist the situation is no different with a car, anyone obstructing the highway has a duty to ensure it is safe to do so hense it is not you fault if you kill a kid that runs into the road and it is certainly not you fault if an idiot opens a car door into flowing traffic without looking.

I also, having just discussed it in the office, now know someone who had to pay for a new taxi door and the repairs to a passing car after opening a taxi door without checking.

 

[Janesy B]

How so it is no different, bike was riding down the highway (two lane road with cars parked on both sides) within 4 feet of a parked car. Car driver opens door and takes out cyclist the situation is no different with a car, anyone obstructing the highway has a duty to ensure it is safe to do so hense it is not you fault if you kill a kid that runs into the road and it is certainly not you fault if an idiot opens a car door into flowing traffic without looking.

It is different.

I also, having just discussed it in the office, now know someone who had to pay for a new taxi door and the repairs to a passing car after opening a taxi door without checking.

Probably because they went outside of insurance...

 

[a1ex2001]

It is different.

How so? Your statement is pointless.

Probably because they went outside of insurance...

No, it was deemed to be the fault of the parked taxi by the insurance companies, the guy landed up paying as the taxi drivers insurance company said they would take him to court to reclaim the money as it was his negligence that caused the incident. After legal advice he coughed up.

 

[Janesy B]

How so? Your statement is pointless.

Because it is not as black and white if a car is involved. Firstly the speeds involved are different. There's also the fact that the door could have been left open negligently while the only was fumbling around, another car hits it and it goes 50/50 because the door was avoidable but should not be in harm's way.

 

[a1ex2001]

Because it is not as black and white if a car is involved. Firstly the speeds involved are different. There's also the fact that the door could have been left open negligently while the only was fumbling around, another car hits it and it goes 50/50 because the door was avoidable but should not be in harm's way.

How is the situation involving a push bike any more black and white than that of a car, you have exactly the sme variables involved? The bike (Push Bike) is going slower and takes up less road room so should be riding further away from the parked cars and be more able to avoid the car door.

If you open a car door into moving traffic without checking it's clear and giving other road users enough time to take avoiding action safely you will ALWAYS be at fault.

The car door left open is a completely different scenario and I would actually expect that to go down as 100% the drivers fault if he has had clear opertunity to see the door and take the necessary action to avoid a colision yet still takes out the door it would be his fault and the insurance company would agree.

 

[daven1986]

I'd agree, but i remember being told that you should be a min of 4ft from any parked cars.
Not sure how that would stand up seeing as you were busy avoiding the oncoming car, and the person obviously didn't look before opening the door.

If that were the case then it would be illegal to drive down many of the roads around my area.

It has to be the person who opened the door's fault. I suppose however it would depend on how far away you were when the door was opened. In your situation it would be their fault, if it had happened so that you would (read should) have had room to stop then it would be your fault.

 

[Biohazard]

4ft thing is rubbish.

Britain wouldn't move.

 

[Richie]

Regulation 105 of the RTA 1988 makes it an offence for someone to open ANY door of a vehicle which causes injury or danger to a person.