Just hit another car but who's at fault?

That's one of the widest roads in town :p

I would love nothing more than to go through her insurance, but unfortunately she hadn't a clue who its with. Most likely her husbands policy, so we'll have to make do with passing her detail's on to ours. :(
 
The other parties fault:

The Highway Code said:
•you MUST ensure you do not hit anyone when you open your door – check for cyclists or other traffic
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The Highway Code said:
Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. An explanation of the abbreviations can be found in 'The road user and the law'.
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http://www.direct.gov.uk/en/TravelA...0?CID=TAT&PLA=url_mon&CRE=highwaycode_parking
 
Those roads are extremely narrow. You'd think if someone lived around there they would learn to check if anything is coming from behind as it is so narrow. She should pay for a new door herself then she maybe she will learn to look next time.:p
 
Hyburnate said:
...Tomorrow I would get on the phone to her insurance company (not yours). And tell them exactly what happened. No need to involve your insurance yet.
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Not disputing that comment, but i was always told that telling your own insurance straight away was best, as they will always fight your corner? Is that not so?

Oh and take pictures of everything!!!
 
Thank's a lot guys She's feeling much better, tomorrow we'll try the insurance company again. Hopefully they'll see it the same way.


And as for pictures I'm sorted.

Cheers
 
gitbags said:
Title say's it all really, on her way to pick me up from work a woman decided to open her car door with out bothering to check and was hit by my other half as she was passing. :mad:

This daft bat launched into a rant about how her door was ripped off (it wasn't but it will need replacing) and is now claiming my other half is at fault. I don't see how this can be the case as all the damage to my partners car starts from the wheel arch, thus suggesting the car door was opened as she was passing the drivers door.

So obviously we're fuming, but what I was hoping you lot could help me with is who is at fault here?

No word from the insurance company as it only happened couple of hours ago.

Opinions would be helpful.
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This happened to me. After 2 years it went 50:50.

The law should be changed in this scenario so that the person opening the car door is always at fault. Seeing as you only open a car door to get in the vehicle, thus you shouldn't be opening it if there is oncoming traffic and once you are in the vehicle it is your responsibility to shut the door so it doesn't obstruct the road.
 
I'm amazed how these things cannot go the way they should. But unfortunately sometimes the evidence does NOT speak for itself. If the Other party says their door was already open and a few seconds later just as they were about to get out Bang someone hit the door then it'll be your word against theirs.

Damage starting half way down the car doesnt prove anything as I found out. You can get that damage by turning towards the open door.

And unfortunately quoting the highway code wont help either the highway code is NOT the law
 
Dr House said:
Same thing happened to my wife, damage was to the back half her parents S-Class.

We went to court and some how lost!
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Ouch! hopefully it won't go that far.

Spoke to the insurance company, looks like their going to try to get the other party to admit liability. Lets just hope she has the good grace and swallows her pride.

Shame no witnesses hung around. We've since been told by a copper it's a prosecutable offence to open your door into the path of an on coming car. :rolleyes:
 
Maybe its just me, but if I was given a mouthful of abuse by someone at an accident I would pin every damn thing I could to them. I've been involved in a few accidents over the years (Only 1 of which was my fault) and in all cases, I've was polite to the person thats hit me and just got thier details and some piccys and then left, regardless of the situation - after all, the chances are that they didn't mean to make a mistake, so why make them feel worse about it?

Sorry, minirant over. My point is, if this was me, and if its possible to have her procecuted for this, I would nail her to the ****ing wall.
 
mattyg said:
And unfortunately quoting the highway code wont help either the highway code is NOT the law
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In this case, it is - as has been alluded to already, as indicated by the "must not" wording in the highway code, opening your door in a manner that causes danger to other road users (including causing an accident, obviously) is a legal offence. What the hell was the lady doing to give the OP's other half after causing an accident by opening her door dangerously?!

If the insurers have any common sense, it will be the old lady's fault. OP - try and stick to your guns with the insurers, and hopefully it won't end up going 50/50.
 
I was under the impression that when things in the highway code were a specific offence, it was the case that the highway code happened to match a law, rather than it being illegal because its in the highway code? Not that it makes any difference, its still illegal, just clarifying my understand?
 
Linkex said:
I was under the impression that when things in the highway code were a specific offence, it was the case that the highway code happened to match a law, rather than it being illegal because its in the highway code? Not that it makes any difference, its still illegal, just clarifying my understand?
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Yes, I think you're right.

In basic terms, the highway code could be viewed as a document of common sense guidelines for safe driving.

There is also a set of laws and offences set down for use of the road (i.e. don't speed etc.)

When one of the common sense guidelines in the highway code matches a legal requirement, they specifically use the words "MUST NOT" in the text.
 
I wasn't aware of the MUST NOT only that if it referred to law then it must be in bold.

However Must not being in bold does both.

Back OT the 3rd party could say yes it all my fault, But they are NOT working on behalf of the Insurance company so has pretty much no say in the matter. They just put their sides across and the Insurance decide who its cheaper to say who's guilty. (Sorry cynical moment then)
 
I had a car door open up on me when I was cycling past at 25mph, put me on to the other side of the road and I had to go to hospital. There where no witnesses but my claim went through and I got about £3k for it.

This was for cyclists but the main part is relevant for anyone, it's basically illegal to open a car door that endangers anyone else.

the-laws-of-car-doors
 
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