Car struck driver's door as I was getting out of the car

Car_54

photome wrote: »

What happens if you can’t leave adequate clearance, although that doesn’t seem to be the case here

You slow down, to give more time to react to doors opening, pedestrians emerging, etc. As you would have been taught when you learned to drive.

markudman

Speed is not a factor unless you can proof it with CCTV etc,
And I think you such look in to your mirror and look behind before you open your door, this is a pet hate of mine. people not looking, and then try to blame someone else.
best you talk to your insurance company and let them deal with it.

TooManyPoints

It’s not 50:50 by any stretch of the imagination. Highway Code Rule 239:

"You MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic."

This is a “Must” paragraph which means there is legislation to back it up. In this case The Road Vehicles (Construction and Use) Regulations 1986, S.105:

"No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person".

Stoke

I would say he's got a better chance of winning than you. You opened your door into his path. The idea that he was speeding is totally irrelevant? Did you have a speed gun? Are there witnesses to say he was thrashing it down the road? Well, there you go. His word against yours, but what he has is the fact you opened your door.

EmmyLou30

You opened your door as a car was coming along....your fault. Look before you open your door as next time it might be a cyclist who'll come off a lot worse than cosmetic damage to a car :-(

facade

Without any video, or a platoon of witnesses, and two drivers giving accounts that blame the other-

e.g.

"too close. too fast, the door was open for 30 seconds but he just kept driving and hit it"
"door flung open literally under my wheels, even though I braked and swerved as much as possible in that narrow road I couldn't avoid it"

The insurance companies are going to go 50/50 for a couple of thousand, given that they will soon get their half back with increased premiums.

Moral: get a dash cam, and use it.

bigadaj

facade wrote: »

Moral: get a dash cam, and use it.

Advice: Use your eyes, mirrors etc before opening the door, far better than a dashcam in all likelihood.

cajef

Not sure how a dashcam is going to help when the car was approaching from the rear unless it has a rear camera as well.

facade

cajef wrote: »

Not sure how a dashcam is going to help when the car was approaching from the rear unless it has a rear camera as well.

Sorry, I meant for the other driver!:o

If someone flings their door open right under your front wheels when you have no-where to go, the dashcam video will help your case enormously.
Dashcams are a godsend for the blameless party, and best unfortunately "not working" for the guilty one

esuhl

Why did you open the car door into the path of moving traffic?

If it was a cyclist overtaking instead of a car, you could have killed him/her!

Unless the driver deliberately hit your door, you'd be 100% at fault here. Just let your insurance company deal with it.