Just hit another car but who's at fault?

DanF said:
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
Click to expand...

In accidents involving bikes and motorcyclists.. most often this will go in favour of them as they are perceived as being more vulnerable road users.
So a car door opening into a car will not be dealt with the same as a car door opening into the path of a cyclist or motorbike.. even though the phsyical act is the same unfortunately
 
Just thought I'd throw in an update....

It's been over a month now and still going nowhere fast. :mad:

Our insurance has sided with us but her insurance are sitting on their hands playing the waiting game. Not happy.

And to top it off we've been warned that if a conclusion isn't reached soon we'll have to look into taking legal action. :rolleyes:

Oh and now we've lost 2 hub caps :p
 
When my car got reversed into by a van that took about 2yrs to sort out, it was only with the threat of court action did the other insurance cough up and pay mine
 
My last accident took nearly 3 years, other party decided not to talk to anyone, 1 day before court action in Plymouth got it settled, thankfully I had legal cover added on insurance.
 
Similar story here. Had an accident one year where a driver went all down my side when he changed lanes without looking. Took a year to sort out and the only reason it did go my way was beause the 3rd party stopped responding to their own insurers so defaulted to me. Stupid time wasters.
The other one, a pizza delivery guy pulled out literally into the side of my car whilst not looking. This took about 9 months to sort because his insurers would not respond. I dislike how insurers are legally allowed to draw cases out for months upon end by being almost "childish" and not responding etc.

As for the OP. What you do is, pay your excess, get it repaired and then just forget all about it. Fill in any forms your insurers give you and just don't let it stress you. Think of it as dealt with and be prepared to wait months/years. Get on with life.
 
I had this happen to me over 2 years ago, when I was on the way to the airport to go on holiday!

Guy swung his door open and it pretty much shaved a foot off my car from the front to the back. He said I was speeding and swerved into him to avoid a pot hole!!

Took 18 months of having to go to court to get it sorted and was eventually settled 75% in my favour. At times I wished I had just said it was my fault to avoid all the stress and hassle of it!
 
There is actually an offence covered by this and a £30 Fpn

Opening A Vehicle Door To Danger

Road Vehicle Regulations Reg.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”

• The points to prove are as follows:

1. There was a vehicle on a road
2. The person (accused) opened (or caused or permitted to be opened) any door of the vehicle
3. Injury or danger was caused to some person

• The person need not be the driver (they could be a passenger, or even unconnected with the vehicle)
• For this offence, actual danger must be shown (likely danger is not enough)
• You may issue an FPN(N), or report for process (depending on the circumstances)
 
Thanks guys for the reassuring words :p

as for paying the excess and getting on with life, I just cant justify spending good money on a fiat punto :D
 
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