Vehicle collision in private driveway - Who's fault?

Motorhome_Man

mikey72 wrote: »

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?

Not sure how you mean that but the door is a side door and she would have approached the hinged side of the door first (as if driving on a French road) hence why I stated that had she hit the door aquare on she would have immeadiately slammed it shut on first contact.

john-306

You still haven't said if you get in/out of your motorhome by stepping on your neighbours property, or even if the steps/door are over their property, and by how much, when opened?
This would sway things somewhat

Flyboy152

Motorhome_Man wrote: »

Not sure how you mean that but the door is a side door and she would have approached the hinged side of the door first (as if driving on a French road) hence why I stated that had she hit the door aquare on she would have immeadiately slammed it shut on first contact.

Why was the door not secured to the side of the motorhome?

mikey72

I think I'm changing from my first post.

I have a motorhome, so I know the type of door.

You've parked for some reason so your step and door is over your neightbours property, and use her drive to load/unload.

It's tight to get to her house with your van blocking her drive.

For some reason, she has hit your door as she went past, but missed the steps, that stick out nearly as much.

You've described the marks, and the picture could be the door was either opened, and you wife pushed it past 90 degrees, so it made contact with her car as she was passing, it dug in, and couldn't close but eventually sprang shut against the side of the van.
Or, you didn't secure it properly fully open, (using the spring catch on the side of the van,) and just before your neighbour passed it blew onto her car, and again caught the side and wedged as she went past.
If you left it insecure, even the draught from the car could have moved it enough to hit her.
And it couldn't have been secure, as that would mean it was clipped flat back, and your steps would have been gone as well.


If the first point of contact was the side, near the mirror as you say, that would explain why she didn't stop immediately, as she wouldn't has seen it. until she was hit by it

So either way, it sounds much more like your door had to have opened onto her as she was passing, and I don't think she was responsible.

Maybe you should park on your drive facing the other way in future as well, then you won't need to block her drive, or use it for access to the van.

Strider590

On a side note.... I'm so glad we don't have a driveways at the front the properties in my street (front opens out onto a footpath and nice open space). I certainly wouldn't be too happy having my house and garden eclipsed by a beige monstrosity right next door.

Maybe the neighbour was harbouring some resentments to having this thing with it's door flung open onto her driveway? People these days tend to build up the resentments rather than actually say something.

Motorhome_Man

Gosh Mikey. You have made lots of assumptions....

mikey72 wrote: »

You've parked for some reason so your step and door is over your neightbours property, and use her drive to load/unload.

Because the place where the door opens on to is shared driveway where both has a right of way to use I haven't at any stage claimed (but others have) that I was entering or exiting my van on the neighbours property. I even park the vehicle in such a way that enables her to access her passenger door over my land. A further detail is that the neighbour has to drive over land that is leaglly mine to even get to the point of collision and has to manouvre her way round the driveway whilst doing this.

mikey72 wrote: »

It's tight to get to her house with your van blocking her drive.

There was a further 2 foot of driveway width on the other side of her vehicle for her to manouvre her car into a safe distance (only 4 inches) from the van.

mikey72 wrote: »

For some reason, she has hit your door as she went past, but missed the steps, that stick out nearly as much.

I said that her mirror sticks out several inches past the point of impact which means it would actually have overhung the steps at the point of impact.

mikey72 wrote: »

...and the picture could be the door was either opened, and you wife pushed it past 90 degrees so it made contact with her car as she was passing, it dug in, and couldn't close but eventually sprang shut against the side of the van.
Or, you didn't secure it properly fully open, (using the spring catch on the side of the van,) and just before your neighbour passed it blew onto her car, and again caught the side and wedged as she went past.
If you left it insecure, even the draught from the car could have moved it enough to hit her.
And it couldn't have been secure, as that would mean it was clipped flat back, and your steps would have been gone as well.

As has been repeated several times my wife did not push the door. I had just left the van seconds before. My wife was sorting out linen in the overcab cupboard and saw the neighbour arrive at the driveway through the drivers window. As she knew that the neighbour was just about to pass are you then suggesting that she deliberately rushed to the door to push it out onto the neighbours car?
I don't have a spring catch. I never claimed I did. What are they? Are they a legal requirement? If so the van would not pass the MOT.
There was no wind. I spent half an hour checking if the door moved by wind after the incident and it never moved on its own. If the draught from the car moved the door then that would mean that the nieghbour herself moved it!
I'm not sure why closing the door would automatically mean that the steps would have been gone as well. They are not at all connected to each other. If you have a van then you will surely know that. Leaving the steps down is an indication that he door is very likely to be in use.

I must also say that my neighbour has driven past the open door and extended steps on more than 100 occasions since the van was first parked there in January and hasn't hit it until now. The van had not been moved for 5 weeks previous to the incident and the steps are down on aregular basis as I am quite often inside it doing some improvements.

mikey72 wrote: »

If the first point of contact was the side, near the mirror as you say, that would explain why she didn't stop immediately, as she wouldn't has seen it. until she was hit by it

If she didn't see it she would have heard it as I did. I'm still at a loss to understand why you say she was hit by it? If two totally unrelated items were both moving towards each other and then collided, which one would have hit the other? If her car was parked by the side of the van and my door hit her vehicle then you would be right to make the statement you did but you seem to have forgotten that she was driving past a stationary van and extremely close to it.

mikey72 wrote: »

So either way, it sounds much more like your door had to have opened onto her as she was passing, and I don't think she was responsible.

I accept that anybody making this sort of statement is playing devils advocate.;)

mikey72 wrote: »

Maybe you should park on your drive facing the other way in future as well, then you won't need to block her drive, or use it for access to the van.

As said before I haven't blocked her drive. If I turned the van around I wouldn't be able to access the vehicle through the side door as the side of my house would be in the way! Although where the van is parked in the future is irrelevent to the incident.

bigjl.

Motorhome_Man wrote: »

Gosh Mikey. You have made lots of assumptions....

Because the place where the door opens on to is shared driveway where both has a right of way to use I haven't at any stage claimed (but others have) that I was entering or exiting my van on the neighbours property. I even park the vehicle in such a way that enables her to access her passenger door over my land. A further detail is that the neighbour has to drive over land that is leaglly mine to even get to the point of collision and has to manouvre her way round the driveway whilst doing this.

There was a further 2 foot of driveway width on the other side of her vehicle for her to manouvre her car into a safe distance (only 4 inches) from the van.

I said that her mirror sticks out several inches past the point of impact which means it would actually have overhung the steps at the point of impact.


As has been repeated several times my wife did not push the door. I had just left the van seconds before. My wife was sorting out linen in the overcab cupboard and saw the neighbour arrive at the driveway through the drivers window. As she knew that the neighbour was just about to pass are you then suggesting that she deliberately rushed to the door to push it out onto the neighbours car?
I don't have a spring catch. I never claimed I did. What are they? Are they a legal requirement? If so the van would not pass the MOT.
There was no wind. I spent half an hour checking if the door moved by wind after the incident and it never moved on its own. If the draught from the car moved the door then that would mean that the nieghbour herself moved it!
I'm not sure why closing the door would automatically mean that the steps would have been gone as well. They are not at all connected to each other. If you have a van then you will surely know that. Leaving the steps down is an indication that he door is very likely to be in use.

I must also say that my neighbour has driven past the open door and extended steps on more than 100 occasions since the van was first parked there in January and hasn't hit it until now. The van had not been moved for 5 weeks previous to the incident and the steps are down on aregular basis as I am quite often inside it doing some improvements.

If she didn't see it she would have heard it as I did. I'm still at a loss to understand why you say she was hit by it? If two totally unrelated items were both moving towards each other and then collided, which one would have hit the other? If her car was parked by the side of the van and my door hit her vehicle then you would be right to make the statement you did but you seem to have forgotten that she was driving past a stationary van and extremely close to it.

I accept that anybody making this sort of statement is playing devils advocate.;)

As said before I haven't blocked her drive. If I turned the van around I wouldn't be able to access the vehicle through the side door as the side of my house would be in the way! Although where the van is parked in the future is irrelevent to the incident.

Just pay up and accept the fact your Doris opened the door.

Flyboy152

Motorhome_Man wrote: »

Gosh Mikey. You have made lots of assumptions....

Because the place where the door opens on to is shared driveway where both has a right of way to use I haven't at any stage claimed (but others have) that I was entering or exiting my van on the neighbours property. I even park the vehicle in such a way that enables her to access her passenger door over my land. A further detail is that the neighbour has to drive over land that is leaglly mine to even get to the point of collision and has to manouvre her way round the driveway whilst doing this.

There was a further 2 foot of driveway width on the other side of her vehicle for her to manouvre her car into a safe distance (only 4 inches) from the van.

Sorry but this sounds nothing like a shared driveway. If it was, there are several other issues your neighbour has to consider, like blocking the entrance to her property.

I said that her mirror sticks out several inches past the point of impact which means it would actually have overhung the steps at the point of impact.


As has been repeated several times my wife did not push the door. I had just left the van seconds before. My wife was sorting out linen in the overcab cupboard and saw the neighbour arrive at the driveway through the drivers window. As she knew that the neighbour was just about to pass are you then suggesting that she deliberately rushed to the door to push it out onto the neighbours car?
I don't have a spring catch. I never claimed I did. What are they?

Nonetheless it is your responsibility to ensure it is adequately secured

Are they a legal requirement?

Perhaps not, but I am sure you would be tasked with having to apply due care when leaving your door open.

If so the van would not pass the MOT.
There was no wind. I spent half an hour checking if the door moved by wind after the incident and it never moved on its own.

That in no way proves that there wasn't any wind at the time of the incident.

If the draught from the car moved the door then that would mean that the nieghbour herself moved it!

No, but it might mean you failed in your responsibility to act with due care by not securing the door.

I'm not sure why closing the door would automatically mean that the steps would have been gone as well. They are not at all connected to each other. If you have a van then you will surely know that. Leaving the steps down is an indication that he door is very likely to be in use.

But your neighbour doesn't have a van, you do.

I must also say that my neighbour has driven past the open door and extended steps on more than 100 occasions since the van was first parked there in January and hasn't hit it until now. The van had not been moved for 5 weeks previous to the incident and the steps are down on aregular basis as I am quite often inside it doing some improvements.

The amount of times she has passed the van with the door open is somewhat irrelevant. I'll hazard a guess she passed it more times with the door closed.

If she didn't see it she would have heard it as I did. I'm still at a loss to understand why you say she was hit by it? If two totally unrelated items were both moving towards each other and then collided, which one would have hit the other? If her car was parked by the side of the van and my door hit her vehicle then you would be right to make the statement you did but you seem to have forgotten that she was driving past a stationary van and extremely close to it.

I accept that anybody making this sort of statement is playing devils advocate.;)

As said before I haven't blocked her drive. If I turned the van around I wouldn't be able to access the vehicle through the side door as the side of my house would be in the way! Although where the van is parked in the future is irrelevent to the incident.

The are rules applied to shared drives and I am pretty sure that one of them is that you shouldn't block the other party's access to their property.

Cash-Strapped.T32

Arguments like this are why diagrams & photos are a must in almost all claims.
I've read all the words in the thread & I only have the vaguest idea of the general layout of this drive, & where the 2 vehicles were meant to be in relation together.

The OP seems to have gotten a bit of a bashing, possibly justified, possibly not but I honestly have no idea which at this point..

Flyboy152

Perhaps a link to streetview would help, OP.