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

adouglasmhor

Sorry you are right I should have said DPA not FOI.

DTDfanBoy

adouglasmhor wrote: »

Stop making things up please? If you don't know you don't have to answer.

The only one making things up here is you :T

FOI has no relevance in this situation, and a Subject Access Request under the Data Protection Act is not going to help the OP as they won't release any footage which can be used to identify a third party.

A request could be made under section 35 of the DP Act, but most requests, if made by a member of the public, would be refused.

adouglasmhor

DTDfanBoy wrote: »

The only one making things up here is you :T

FOI has no relevance in this situation, and a Subject Access Request under the Data Protection Act is not going to help the OP as they won't release any footage which can be used to identify a third party.

A request could be made under section 35 of the DP Act, but most requests, if made by a member of the public, would be refused.

Keep up :rotfl:

Money_maker

bery_451 wrote: »

But I wanna make sure that if I pay cash will either of us lose our no claims bonus?

Yes, you will unless you are going to make a legal declaration in your renewal that you have had no accidents.

Robisere

Your passenger is definitely at fault, and by extension so are you, for not advising her to wait and look for traffic before opening the door. Or as has been said, to wait until you could walk around to her side and check for traffic.

I see this happen often, I have lost count of the number of people who open doors at the roadside without checking to look for traffic. A near miss and a horn sounded, usually results in the offender blaming the driver who sounds the horn, without admitting or acknowledging that they are completely at fault. What use are door mirrors to some people?

BeenThroughItAll

Involved in two accidents in the space of a month? Should you perhaps re-assess whether owning a car is really for you?

warehouse

It's your fault OP. If the other car was going too fast then what was your passenger doing opening the door anyway? It's obvious they didn't look before opening the door.

Your driving instructor is also talking nonsense.

adouglasmhor

I have a spectacular scar on my leg, where I was hit by another biker, who in turn ditched in his efforts to avoid hitting at low speed another biker who had been skelped full force in the leg with a car door by a daft bat in a Renault 4 resulting in him being knocked of balance.

While we were dusting ourselves off (this was in the days when protective gear was a pudding helmet, a pair of old army boots, heavy denims and a leather jacket with no armour) she attempted to drive off and hit another now stationary bike. When she was surrounded she got out her car and insisted we got out her way as it was a police car. Not only was this highly unlikely she also seemed not to realise this was the building she was outside.
.

Last we saw she was still being lectured by a !!!!ed off looking desk sergeant as we rode away.

bery_451

If it does come to 50/50 liability then how does this work? Do I and the other driver has to register the claim with our own insurers or will 1 insurance company sort this out?


I assume me and the other driver will lose our no claims bonus if we register the claims for 50/50 liability?


If it is found to be my 100% fault then if I settle the damage with cash with the other driver and the driver and me don't register the claim with my insurers then will I lose my no claims bonus?


I'm insured to drive my car and my insurance company covers me, is my insurance company legally liable for the passenger opening the door if it was found that it was the passenger fault? Or will my insurance company wont pay out the other driver cause I the insured driver is not responsible for the passenger opening the door unless the passenger is a child and needs guidance. Similar to police fining drivers for kids that do not have their seatbelt.

adouglasmhor

This seems relevant https://www.gov.uk/waiting-and-parking/parking-239-to-247

_Highway_code wrote:

239
Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the roadside:

do not park facing against the traffic flow
stop as close as you can to the side
do not stop too close to a vehicle displaying a Blue Badge: remember, the occupant may need more room to get in or out
you MUST switch off the engine, headlights and fog lights
you MUST apply the handbrake before leaving the vehicle
you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic
it is safer for your passengers (especially children) to get out of the vehicle on the side next to the kerb
put all valuables out of sight and make sure your vehicle is secure
lock your vehicle.
Laws CUR reg 98, 105 & 107, RVLR reg 27 & RTA 1988 sect 42