Parked car opened their door in to my moving car as I drove past. Who's at fault?

samphe

As I was driving along slowly as I had just come around a corner, a passenger in a parked car opened their door in to my car door. The only damage is to the door.

To me, this cannot be my fault? At the time the driver said she would prefer not to go through the insurance companies. I got a quote and the other driver has asked me to pay half. I've said no.

She has said it will have to go through insurance company then.

Her argument is that it was my car that was moving and her's was stationary! How does that make her in the right? She's admitted in a text to us that the passenger opened the car door in to me.

Am I missing something?

LadyMcPoundland

Hi
I believe this is an traffic offence called Opening Door to Danger. Some witnesses and/or CCTV of the incident would be useful if you plan to take it further. It's the responsibility of the person opening the door to check the road is clear. However you may have some responsibility regarding paying attention to the road ahead - due care.

thescouselander

I suspect this should go in your favour. Certainly when this sort of thing happens to cyclists the following is often quoted:

Rule 239 of the Highway Code "you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic"

also

s.42 of the Road Traffic Act 1988 makes it an offence to open “any door of a vehicle on a road so as to injure or endanger any person.”

samphe

The road was clear as I proceeded. The other car didn't open their door until after the front of my car had passed their door. That's why the only damage was to my door. Hoping to get CCTV footage but not sure if it's possible yet.

samphe

I hope you're right Scouselander. It's frustrating as she's not even denying that they opened their door (unless she changes her story for the insurance company). However going on where the damage is, surely it's got to go in my favour 🙏
I don't understand why she thinks I should pay half?

LadyMcPoundland

In view of your position in the road when the door was opened i agree you shouldnt have any problem. Get your insurance company to follow it up. That's why you have the insurance. Good luck.:)

AdrianC

Straightforward 50/50 if it goes to insurance.

If you'd driven straight into a door that was already open and you could have easily avoided, it'd be your fault entirely.
If they'd opened the door RIGHT in front of you, and you could not have realistically left a bigger gap from the parked cars, then it'd be her fault entirely.

But... since nobody can prove anything, and the reality is probably in the middle somewhere anyway, 50/50.

samphe

AdrianC - surely as the damage is to my door, surely that proves they just weren't looking as I was driving past? If the damage was at the front of my car then it would be 50-50? How could I be at fault at all?

Quentin

See if you can get this repaired cheaply at a back street garage before making a claim - unless you get a witness/cctv to back your version it looks 50/50.

Unless you end up getting 100% liability against the third party then you end up with a fault claim on your record, lose NCD (if unprotected) and some or all of your excess (depending on whether it ends up a split liability)

If the third party has reported this incident to their insurer then you must do so too

tberry6686

How on earth can it be 50-50. The only way that the op could have any blame is if he swerved into the door of the parked car and that would then be his fault entirely. There is no feasible way (from what I can see) that this can be anything but 100% fault on one side or the other. The op claims that the other party opened their door into the side of his car so would be 100% not the op's fault.

zappahey

tberry6686 wrote: »

How on earth can it be 50-50.

In my experience with a current issue, the insurers will try to go 50-50 if there are no witnesses, even where the case appears cut and dried. In my case, someone reversed into me while I was stationary.

It makes life easier for them and they get more money out of both policy holders at renewal time.