Vehicle collision in private driveway - Who's fault?

Hintza

ringo_24601 wrote: »

Was the door on your land, theirs, or neither?

i.e. did your neighbour hit a stationary object that was entirely on your land?

I think this question needs answered along with why was the motorhome not parked to allow access from the OP's property ie side nearest the house.

Not sure if I was the neighbour I would be happy with all this especially if the door wovee bndary and or OP was using the neighbours driveway for access.

Flyboy152

sarahg1969 wrote: »

Generally, drivers who hit stationary objects are in the wrong. In the case of a vehicle door, if the door is opened into the path of the oncoming vehicle, then it is not stationary.

It is when it is stopped.

thescouselander

Hintza wrote: »

I think this question needs answered along with why was the motorhome not parked to allow access from the OP's property ie side nearest the house.

Not sure if I was the neighbour I would be happy with all this especially if the door wovee bndary and or OP was using the neighbours driveway for access.

I dont think this matters from the point of view of the claim. If the neighbour hit a stationary object they'l have to pick up the bill even if it shouldn't have been there.

The neighbour might have some recourse if the motorhome was on their property but thats a different issue all together.

Flyboy152

thescouselander wrote: »

I dont think this matters from the point of view of the claim. If the neighbour hit a stationary object they'l have to pick up the bill even if it shouldn't have been there.

The neighbour might have some recourse if the motorhome was on their property but thats a different issue all together.

I think it might be a very important point and one her insurance company might pursue.

bigjl.

Motorhome_Man wrote: »

Incidentally. Anyone opening a motorhome door past 90 degrees from the inside at the point of collision would have meant that their arm would have been reaching out from the inside of the motorhome. If this was the case I am convinced that this claim would not have been just about the damage to vehicles but would also have been about injury to my wife.

So the door can't be pushed open?

bigjl.

Mrs_Arcanum wrote: »

Would make sure you take lots of pictures - particularly to show how the motorhome was immediately prior to the neighbour arriving.

A bit late, the following day.

Rolandtheroadie

Is your neighbours wing damaged? Wing mirror? No?
Sounds like the doors been opened as shes drove past.

mikey72

Motorhome_Man wrote: »

No. She did not open the door. I have already said several times that the door was already open. I had just left the vehicle myself seconds before and that was why I was at the rear of the vehicle. I did not shut the door as we were walking in and out because we were loading it so we will both state that the door was already open and the steps were out warning anyone of our intentions to use the door.

It is quite a normal occurence for anyone loading any vehicle to leave the doors open when collecting the next item. Same as in the kitchen when you get some saucepans out of the cupboard. You don't get one out, then close the cupboard, the open it again, get another, then close it... You know what I mean.

Just to point out that I said it was a hypothetical question and I thought it was made very clear that this was not relevant to the accident. Perhaps I should remove the point as it has only served to muddy the facts although it has served to warn me of the dangers of a wrongly worded statement of facts on our claim form.

I always leave it open. But I always clip it back, or it blows shut.
Which is a real pain as you say.
The only time mine's open at 45 degrees is when I'm actually opening it, they're so light they either blow closed, or blow open.

Motorhome_Man

scotsman4th wrote: »

Is your neighbours wing damaged? Wing mirror? No?
Sounds like the doors been opened as shes drove past.

Thanks Scotsman,

You have helped me solve the mystery about what happened as she drove past.

I studied the pictures that I took immediately after the collision and it shows the neighbours wing mirror pushed back. This means that just before the motorhome door made contact with her passenger door and started to create the 12" long scratch and associated dent the passenger side mirror (which would normally stick out several inches, probably around 5 or 6") must have hit the motorhome door bouncing the door onto the motorhome and springing it back out to make contact with her door bodywork and therefore starting the gouge. Her forward movement forced the door to open further therefore digging in more until the door handle forced it past the 90 degree angle and then slammed the door shut. Hope that makes sense?

The door would not have touched her bodywork if the mirror had not hit it first. Even with her mirror turned in as it is in my photos it would have hit the door before any bodywork contact was possible. If somone had been opening the door at the point of contact the mirror would have hit the door in the direction the car was travelling which is the direction that would have slammed it shut. For her to have hit the door further open (to enable the door to bounce back into the gouging position, then the door would have had to be open at an angle way past the 90 degree point (in fact at least 120 degrees away from closed. At that angle the steps project further from the motorhome than the door.

Furthermore, if she had braked harder at the first point of contact (mirror to door) the long gouge would not have happened. What she did was continue moving forward (for another 3 1/2 yards) after this and increased the potential for damage to both her own vehicle and mine. Her foot would already have been on the brake pedal at the point of contact because she would have been preparing to stop those few yards further on in front of her garage. I expect that someone could work out the the expected stopping distance (10 feet at 10mph) to speed ratio that would have been going on here!

I'm beginning to think she thought by hitting the door out of her way with her mirror that she would be able to happily continue on to her parking space but I know I can only present the facts on my insurance claim.

I look forward to your thoughts.

mikey72

Which way was the van facing and the door opening.
Was the hinged side the side nearest the road as she drove on, or the furthest side?