Was involved in a car accident earlier today, whos liable?

GabbaGabbaHey

100% your liability. It's the total responsibility of the person opening a car door to ensure that it is safe to do so. What would have happened if there had been a cyclist going past?

If the other car was breaking the speed limit (and unless there are speed detectors there, I don't know how you could prove it), then they could/should be penalised for speeding - which is the offence that they allegedly committed - but the car damage is totally down to your passenger's carelessness.

Car_54

DaveTheMus wrote: »

My driving instructor always said that you must be more then a door width away from a car...it's the other cars fault IMO.

But from the picture it does look as though space is tight so there might not be enough room to leave a doors width and no matter how slow the other guy is going if your passenger flings the door open fully with no sense or care then the other car will hit your door...

How did your passenger open the door?

Where did the door strike the other car?

I think it's unlikely your instructor said just that - it's obviously impracticable. He probably went on to say that if you have to drive closer, you should slow down to give more time to react.

The insurers will probably see it as 50/50, but there's a possible offence - C & U Regs 1986 Section 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."

Notice that both the passenger and driver could be guilty.

DTDfanBoy

bery_451 wrote: »

100% my fault? Can you give reasons for your decision.

Your passenger opened the door into the side of the other car

bery_451 wrote: »

While the passenger was opening the front passenger door of my car to exit it caught a passing car and accident happened.

so I don't really see how speed played much of a factor, even if the other car wasn't moving it still would have been hit by your door.

Had you not looked and pulled out into the side of another car you'd be 100% liable, I don't see how this is any different.

DUTR

Car_54 wrote: »

I think it's unlikely your instructor said just that - it's obviously impracticable. He probably went on to say that if you have to drive closer, you should slow down to give more time to react.

The insurers will probably see it as 50/50, but there's a possible offence - C & U Regs 1986 Section 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."

Notice that both the passenger and driver could be guilty.

The OP had written "
While the passenger was opening the front passenger door of my car to exit it caught a passing car and accident happened. We believe that car was going too fast in a speed restricted area and driving too close otherwise it could have been avoided. So fast I think the passenger exiting didn't realise.


Should the driver of the passing car take extra care and left a door width apart space in a area like this? Driver should have known passengers in a area like this exit vehicles and should have taken more care plus"

Having a second read of it, it would be interesting to know the position of the passing car, did the front of the passing car hit the rear edge of the door? The OP hasn't asked if the passenger should have taken more care as they are aware there is a high risk from the hazard of vehicles passing and there may not be at an open door width away to exit the vehicle safely and without risk to themselves and other users.

bery_451

dacouch wrote: »

I hope you got around to protecting your no claims bonus, you've not had a great year for accidents

No I couldn't protect my no claims as I currently have 2 years no claims.


If it is found that it is my fault then I be happy to pay cash to the other driver. If I do this would I still lose my no claims bonus?


If its 50/50 would I still lose my no claims bonus?

DUTR

bery_451 wrote: »

No I couldn't protect my no claims as I currently have 2 years no claims.


If it is found that it is my fault then I be happy to pay cash to the other driver. If I do this would I still lose my no claims bonus?


If its 50/50 would I still lose my no claims bonus?

It would show as incident fully settled or similar wording.
That is assuming the 3rd party does accept cash settlement, if it's a newish car or cared for cherished car they may not as the repairs depending on the damage to theirs could be very expensive.

Iceweasel

Passengers exiting on the left hand side of a vehicle are not thinking much about traffic on the left - as the left is usually the pavement side.

Bad design of the building I would say.

No way at all is it the fault of the car which was damaged by your passenger opening the door.

Regardless of what your insurers decide you are going to have higher premiums.

Even if your NCD is not affected the premium will be increased because of having an accident - even if it is treated as 100% the fault of the other party.

Whoever is at fault - you will now be considered a 'higher risk' than before - according to statistics - which is all that matters to insurance companies.

Sorry to tell you that - but that's the way it is - funny things insurance companies.

bery_451

GabbaGabbaHey wrote: »

100% your liability. It's the total responsibility of the person opening a car door to ensure that it is safe to do so. What would have happened if there had been a cyclist going past?

If the other car was breaking the speed limit (and unless there are speed detectors there, I don't know how you could prove it), then they could/should be penalised for speeding - which is the offence that they allegedly committed - but the car damage is totally down to your passenger's carelessness.

Its a train station so there's cameras everywhere. Proving wont be hard or will it?

bery_451

The passenger exiting the vehicle is a elderly passenger in 60's. Doesn't have sharp senses like us young ones.


However I am 100% sure that the driver could have left more space and thus accident could have been avoided. I can bring my measuring tape if I had to. I always drive as much on the left as possible in areas like these cause I know passenger doors get open. Its not like I driving pass empty cars parked on the side of the road.

DUTR

bery_451 wrote: »

Its a train station so there's cameras everywhere. Proving wont be hard or will it?

The camera's are not installed to resolve minor collision incidents, network rail are not going to relase the footage to you or your insurers without a court warrant.