What are my liabilities? UPDATE need more help!

lincroft1710

iammumtoone wrote: »

what will happen now?

I KNOW my door was open

You were lucky you weren't injured.

I really don't want to end up having to pay my excess and having a fault claim as it wasn't my fault!

There are those who would claim that you were partly to blame for leaving your door open and obstructing the highway.

iammumtoone

Moto2 wrote: »

I suspect the answer to that is you shouldn't do it from the roadside and - instead - go in from the kerbside

Unfortunately I can't do that on my car. The seats are narrow and the buckle holder is placed flush within seat with no strap. It is very difficult to lean over and do up from the kerbside.

I do take your point in fact next year when all the expensive from Christmas is over I was planning to try to purchase a narrower car seat to make it easier to do up the seat belt (I want to make it easier on myself or so my son is able to do his own belt up, like he could in my previous car) The car is new I have not had it a month yet so not had the money to sort this out.

So we agree there may have been a better way to put my son in the car. Does this make me liable?

lovinituk

iammumtoone wrote: »

Unfortunately I can't do that on my car. The seats are narrow and the buckle holder is placed flush within seat with no strap. It is very difficult to lean over and do up from the kerbside.

Move the seat to the other side? Park the car facing the other way?

iammumtoone

lincroft1710 wrote: »

There are those who would claim that you were partly to blame for leaving your door open and obstructing the highway.

Its a residential street. I have been putting my son in the car this way for about a month, never had any issues and like I said I was planning to try to find another way in the new year.

Same question for your statement Does that make me liable where the insurance companies are concerned?

lovinituk

iammumtoone wrote: »

Same question for your statement Does that make me liable where the insurance companies are concerned?

No idea! Just thought I'd make a suggestion to hopefully help avoid it happening again in the future.

iammumtoone

lovinituk wrote: »

Move the seat to the other side? Park the car facing the other way?

No room on the other side of the road the people who live on that side of the street park their cars there and I declare to my insurance policy that I park my car outside my house.

I didn't think you were suppose to park the other way round as I understood you were suppose to park with the flow of the traffic.

EDIT: looks like my thinking was right see rule 222 http://www.findleys.co.uk/highway_code/waiting_and_parking.html

Whatever is said about what I did/didn't do the third party still drove into an open door. Do the circumstances of how/why that door came to be open have any impact on my liability?

AdrianC

iammumtoone wrote: »

The third party still drove into an open door. Do the circumstances of how/why that door came to be open have any impact on my liability?

Very much so.
If the door was open long before he came along, and he drove straight into it, it's 100% his fault. Obviously, you will say that happened.
If the door was flung open right into his path, it's 100% your fault. Obviously, he will say that happened.

If neither of you can prove it, 50/50.

Moto2

iammumtoone wrote: »

The third party still drove into an open door. Do the circumstances of how/why that door came to be open have any impact on my liability?

They are going to say the door moved towards them and you admitting that you were in the ajar door will support that theory.

lovinituk

iammumtoone wrote: »

I didn't think you were suppose to park the other way round as I understood you were suppose to park with the flow of the traffic.

It doesn't say MUST/MUST NOT which means its not a legal requirement during the day...

Rule 239 - "If you have to stop on the roadside: do not park facing against the traffic flow"

https://www.gov.uk/guidance/the-highway-code/waiting-and-parking-238-to-252

However, rule 248 on the same page specifically states MUST NOT at night which means it is a legal requirement...

"You MUST NOT park on a road at night facing against the direction of the traffic flow unless in a recognised parking space."

So assuming that you park there at night and its not a recognised parking space - please ignore my previous suggestion!!

lincroft1710

With no independent witnesses and contradicting stories it will probably go 50/50.