Whose fault is it in this car incident?

fantasyvn

[FONT=&quot]Could you pls advise whose fault it is in this case?[/FONT]
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[FONT=&quot]A car stops by a fuel dispenser at a petrol station. The driver opens the door and a car from behind hits the door.
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[FONT=&quot]Whose fault is it in this case?[/FONT]

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[FONT=&quot]Can the second car say 'You should have watched before you opened the door.'?[/FONT]

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[FONT=&quot]Or can the first car say 'You should have stopped in time, or watch out if someone is opening the door'?
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[FONT=&quot]Thank you[/FONT]

Hintza

Person opening the door.

You should always check it is safe to do so. Same as if you had been parked at the side of the road and hardly an unexpected thing to happen (car pulling in to a free pump).

RS2000.

It can go a number of ways but most probable is 50/50.

arcon5

I'd say the idiot opening their door in to the path of a passing vehicle is to blame 100%.

It's quite simple, petrol station, car park, road side, anywhere there are other road users or pedestrians you check.

fantasyvn

Thank you for your kind replies. I was driving the second car which hit the first one. At that time, I thought the fault was mine so I offered to pay for the bill privately.

facade

I'd vote for 50:50.

Although you don't actually expect anyone to be daft enough to open their door in your path, it isn't a total surprise that just after a car pulls up the door may open.

Quentin

fantasyvn wrote: »

Thank you for your kind replies. I was driving the second car which hit the first one. At that time, I thought the fault was mine so I offered to pay for the bill privately.

Withdraw your offer. (Roadside acceptances of liability are not usually considered binding)


And start again.

fantasyvn

Thank you. Suppose I withdraw my offer and the other person does not accept his fault, then what will happen? Of course I have my car insurance and I guess the other person does, too.

What happens if no one accepts their fault and we already go home? We are not at the scene anymore without any third-party witness - apart from my family and his friends in the cars.

Thanks,

loskie

http://www.highwaycode.info/waiting-and-parking/waiting-and-parking-238

Quentin

fantasyvn wrote: »

Thank you. Suppose I withdraw my offer and the other person does not accept his fault, then what will happen? Of course I have my car insurance and I guess the other person does, too.

What happens if no one accepts their fault and we already go home? We are not at the scene anymore without any third-party witness - apart from my family and his friends in the cars.

Thanks,

It depends on whether or not you have comprehensive cover.


If you do, then (assuming it is cost effective) make a claim for your repairs and your insurer will deal with the liability issue and any claim off the other side.


If you don't, then you need to pursue the third party yourself for your repairs. (Pass any claim from the third party on to your insurer to deal with)


Whatever your insurance cover, if you are held even partly to blame your NCD will be impacted (unless it is protected)


Alternatively if liability is clear cut in your favour you can contact the third party's insurers and ask them to deal with your claim.

fantasyvn

To Quentin: Thank you so much for your detailed instruction. The procedure seems complicated. I will do further research.