Car door crash

Contemplates

Just had a bit of a shock, and really wanted some advice.

I was just getting into my car, which was parked outside my house in a parking bay at the side of the road. I had checked that no one was coming, before opening the door, and getting in. I had sat down in the car and was just lifting my last leg into the footwell, and was pulling the door closed when the door was ripped from my hand as another car passed by.

The other car stopped about three car lengths up the road, and on checking their car the nearside wing and light were wrecked!

There was quite a bit of slow moving traffic on the road in the other direction, and the road is a 30 limit.

Just wondering what your thoughts are about blame cos I'm really undecided?

Kilty_2

If the door was already open (IE you didn't open it into the driver's path) then they were at fault in my opinion

only_mee

He never gave you enough room.

daveyjp

Even if you open the door into the other car's path it is still their fault. It is down to the moving vehicle to leave enough room in the event a door is opened.

Catching a door which is almost closed suggest they were very close.

Contemplates

Wow thanks for the quick responses guys...

My line of thinking was that surely the other driver should've seen me getting in before she reached my car, but then how can I prove that I was getting in, rather than as she may say, I was already in the car and opening the door just as she drove past?

Guess it'll be down to the insurance com pay to deal with. I used the singular term, cos we are both insured by same company. Does this mean they will just apportion equal blame, and therefore both our insurances will be claimed against?

daveyjp

"I was already in the car and opening the door just as she drove past?"

Makes no difference - Highway Code Rule 152.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070309

Contemplates

I'm guessing if it comes down to getting in against her getting out view, it'll be one word against the other?! The only problem there is that the other car had three passengers, where I was on my own, with my girlfriend standing at our front door.

jase1

Interesting thread -- and it would indeed seem that any driver that does not leave space for all car doors in their entirety is leaving himself open to incidents like this.

Which leads to the obvious question -- if you are going through a narrow road with parked cars on both sides, there isn't enough space for two cars to enter, going in opposite directions to enter at the same time and both allow space for the doors.

So should I wait at the start of a line of parked cars for all the cars coming in the other direction to get through? And cause a massive jam in the process?

Seems like a silly rule to me -- unworkable in practice.

Strider590

Other drivers fault, but unless you can prove you didn't open the door into him, it'll go 50/50

When parallel parked, i've started to park with my wheels almost fully turned toward the road, a wheel is quite a large object, you can't miss it and it gives the impression that someones in the car, so it stops them getting too close when overtaking.

Contemplates

Funnily enough, I'd actually parked with the nose of thevcar pointing towards the pavement with the front wheels tight against the Kerberos, knowing that this would give me another couple of inches, but nom good obviously!!

On the point of proof, my girlfriend can state I was just entering the car, and a independent neighbour walked past me on footpath minutes before, so both can say that I was not in car before accident but was entering it at the time? Will that suffice do you think?

Kilty_2

Fight them hard my friend, and an independent witness is good.

Insurers will push for 50/50 but they always do. Recently been burnt by insurers taking the easy way out so I hope yours is better.