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

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  • OddballJamie
    OddballJamie Posts: 2,660 Forumite
    1,000 Posts Combo Breaker
    bery_451 wrote: »
    I seen cars go pass parked cars with passenger doors fully open that day with no incident. Im sure the designers that built this place thought about this. If passenger doors are opening and cars cant drive pass because of this then there would be huge delays for cars there due to a design flaw.

    There's a big difference between a car door already being open which an on coming vehicle can take action to avoid and your passenger opening a door into a moving vehicle.

    I grew up in Birmingham so know a bit about the roads, a lot of the side streets have double parked cars or are very narrow, especially closer to the city centre. How do you manage to drive down these without fear of car doors opening into you, with of course in your mind would be your fault.
  • Idiophreak
    Idiophreak Posts: 12,024 Forumite
    10,000 Posts Combo Breaker
    bazzyb wrote: »
    And when the response comes back saying "there were X number of Santa Fes between those times. We do not have calibrated speed cameras and therefore don't have records of how fast they were travelling" ...how does that help?

    It doesn't help.
  • 206? What happened to the Mazda that you took a plane to Scotland for?



    Probably in the Toyota garage being serviced with Darkmatter's M3.
  • Robisere
    Robisere Posts: 3,237 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Combo Breaker
    bery_451 wrote: »
    I let the insurance companies decide whos fault is it. If the driver was doing more than 5mph or didn't leave a door width apart space when passing by then I cannot accept full liability.

    How are you going to prove that the driver was doing more than 5 m.p.h.?

    Leaving or not leaving a door width space, is irrelevant. Your passenger opened the door without checking for traffic behind. You, as the driver, are responsible for the actions of the passengers in your car. All your answers to the advice given here, are worms wriggling on hooks. You don't want to hear the truth, so you come up with specious arguments. Go ahead and contact the insurance company, fill in the forms and disregard the fact that the insurance company will have heard it all before. It will result in something much more costly than a cash offer to the other party. And your premiums will rise whoever is your next Insurer, they all communicate registrations and addresses to each other. Make a false declaration and they will wait to refuse your next claim after they have your payments. Your next accident won't be long in happening I expect...

    Tired of this now, I'm off.
    I think this job really needs
    a much bigger hammer.
  • bery_451
    bery_451 Posts: 1,897 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Jeez, here we go with wild and unlikely analogies again. Didn't we have that in the 'I can't park my Q7' thread last week?


    They're not the same thing. However, if you were a ferry captain and you let one of your passengers have control over the watertight doors and the ship sank then yes, you would be liable.


    Lol I don't think passengers have access to a watertight doors on a ship. In a front passenger car seat there's always access or maybe I should seal off the front passenger seat in my car with a security measure like a vault, ID card system or whatever they use on the ship.
  • JustinR1979
    JustinR1979 Posts: 1,828 Forumite
    If this passenger had hid in front of car and jumped in front of passing car, would it be the drivers fault?
  • bery_451 wrote: »
    Lol I don't think passengers have access to a watertight doors on a ship. In a front passenger car seat there's always access or maybe I should seal off the front passenger seat in my car with a security measure like a vault, ID card system or whatever they use on the ship.

    So now YOU are criticising my analogy?


    Pot, kettle, black.

    You don't have to let passengers open doors. You may choose to walk around and do it yourself.
  • OddballJamie
    OddballJamie Posts: 2,660 Forumite
    1,000 Posts Combo Breaker
    Next time put the numpty in the back with the child locks.

    But then who would drive?
  • bery_451 wrote: »
    Lol I don't think passengers have access to a watertight doors on a ship. In a front passenger car seat there's always access or maybe I should seal off the front passenger seat in my car with a security measure like a vault, ID card system or whatever they use on the ship.

    If your passengers are stupid enough to open the door into the path of a passing vehicl that may not ba a bad idea.
  • JustinR1979
    JustinR1979 Posts: 1,828 Forumite
    Next time put the numpty in the back with the child locks.

    But then who would drive?



    Carer/guardian.
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