Thoughts on an accident...

Mrs_Imp

colino wrote: »

Your Partner will be held liable. Saying that the door wasn't open when she started the manoeuvre as a defence is like knocking down a kid and saying they weren't there the last time she looked out of the window. Your moving, your observing.

Actually, I got a letter from the police telling me that I wasn't at fault when a pedestrian stepped off the pavement in front of me. She wasn't there when I looked out of the windscreen, but she was there when we collided. :eek:

It is perfectly possible for someone to 'fling' their door open as you're manoeuvring, leaving you with no chance to stop and avoid the impact.

chib

Thanks for the replies, looks like my NCB is dropping back from 4 to 0 then.

Rolandtheroadie

I agree with Mrs Imp.
Take it a step further. Were there independent witnesses? No? How can it be proved either way.
Stick to your guns (it's the other persons fault), inform your insurer but tell them you're not claiming for your car (so you're excess wont come into play).

Tiddlywinks

A few years ago I had stopped to reverse into a parking space in a Tesco carpark, just as I started moving slowly back another car came whizzing round the corner and hit me - from the area of damage it was obvious that the other car had been moving quickly.. the insurance company still went for 50/50 as they said that the duty of care normally lies with the party that is reversing.

Joe_Horner

Mrs_Imp wrote: »

It is perfectly possible for someone to 'fling' their door open as you're manoeuvring, leaving you with no chance to stop and avoid the impact.

If you're reversing sensibly (for want of a better word) it's extremely unlikely the impact in that case would be enough to prevent the door from closing - it takes quite a lot to bend hinges on most cars!

photome

Mrs_Imp wrote: »

Actually, I got a letter from the police telling me that I wasn't at fault when a pedestrian stepped off the pavement in front of me. She wasn't there when I looked out of the windscreen, but she was there when we collided. :eek:

It is perfectly possible for someone to 'fling' their door open as you're manoeuvring, leaving you with no chance to stop and avoid the impact.

When the pedestrian stepped off you were not reversing or manouvering so no comparison

If you are manouvering/reversing slowly you shouldnt hit anything, unless the door is flung open after you get past it and the door hits you.

Just my opinion of course

mcjordi

chib wrote: »

Thanks for the replies, looks like my NCB is dropping back from 4 to 0 then.

you will loose this years and 2 ncb so should go back to 2

Norman_Castle

As the car park has public access, the road traffic act applies. The rule is not intended for car parks but common sense should tell people to check before opening a door. The OPs problem is proving the door was opened in front of a moving vehicle and not in advance of the vehicle reversing.

andy111

I'm pretty sure this will go 50/50.

Unless there are independent witnesses it's person A versus person B's accounts of the incident.

A minimal nudge end on, on a door can cause more damage to the hinge end than you would imagine.
.

By the time the insurance companies and bodyshop have case managed it into costing some absurd amount, you will realise why we all pay so much.

Hadrian

Why reverse???