Taxi passenger opened taxi door into the side of my car. Who's liable?

facade

Best to claim on your own insurance, and let them fight it out.

In the example usually referenced in these cases, Edelman v Harcott February 21, 2001, the taxi driver was held to be negligent as he acknowledged that it was a narrow drop off point and therefore he should have warned the passenger not to open the door on the traffic side.

Jenni_D

rajd said:

Given the situation - What would each of you do? 

Your insurance policy T&Cs probably already has a clause that you need to notify them of incidents like this - even if you don't make a claim (off your own policy).

rajd

shiraz99 said:

Wasn't there some court case a while back where someone alighting from a taxi caused serious injury, possibly death, to a cyclist and was found criminally liable, or possibly was it the taxi driver?

Edit, I'm not sure if this is the one I was thinking about but it is similar - https://road.cc/content/news/218451-taxi-passenger-pleads-guilty-fatally-dooring-cyclist-and-receives-£80-fine

Good lord this is disgusting! Forget my car, someone only got an £80 fine for killing someone. 

rajd

Jenni_D said:

rajd said:

Given the situation - What would each of you do? 

Your insurance policy T&Cs probably already has a clause that you need to notify them of incidents like this - even if you don't make a claim (off your own policy).

But would you?

rajd

I've just spoken the the body shop and they've said they will do it at cost for £400. The same as my excess. 

So...
Financially - it's now neutral. 
Legally - The driver and passenger have done something wrong. If I don't tell the insurer, I've done something wrong. 
Morally - Any situation the passenger doesn't pay is morally wrong to me.

Going to mull it over. 

theoretica

What would I do?  Probably nothing at all and live with a scratched and dented car, assuming the door opens still.  And a DIY touch up to prevent rust. 

400ixl

When was this incident?

The highway code changed in January to include the passing driver must "Take care when passing parked vehicles, leaving enough room (a door’s width or 1 metre) to avoid being hit if a car door is opened", but also has the following for the passenger:

Where people driving or passengers in a vehicle are able to do so, they should open the door using their hand on the opposite side to the door they are opening. For example, using their left hand to open a door on their right-hand side.

This will make them turn their head to look over their shoulder behind them. They’re then less likely to cause injury to:

• people cycling or riding a motorcycle passing on the road
• people on the pavement

TELLIT01

No consolation to the OP but if the passenger had opened the door a couple of second earlier there would probably have been a lot more damage as they would have driven into the open door.  That could have smashed the lights, wing, grille etc.

rajd

400ixl said:

When was this incident?

The highway code changed in January to include the passing driver must "Take care when passing parked vehicles, leaving enough room (a door’s width or 1 metre) to avoid being hit if a car door is opened", but also has the following for the passenger:

Where people driving or passengers in a vehicle are able to do so, they should open the door using their hand on the opposite side to the door they are opening. For example, using their left hand to open a door on their right-hand side.

This will make them turn their head to look over their shoulder behind them. They’re then less likely to cause injury to:

• people cycling or riding a motorcycle passing on the road
• people on the pavement

Feb 2022. 

Yeah I read about this - Dutch Reach or something.

The issue with space is that the drop and go is so poorly designed that a taxi would have to drive onto a pedestrian area to get far enough to the right to hug the curb and the passing car would have to be far over to the left, where the bike storage is and bike are stored poorly so stick out. And even then, a person opening a door into the lane, would not be able to open the door fully and has to open a door into another lane of traffic. Very poorly conceived. 

I made a formal complaint to National Rail but that will lead nowhere. So many issues happen that they have a steward down there, but when I spoke to steward, he said that he's been told not to report accidents, only move people along. The accident happened at 10:30am and there already been 4 identical incidents. When I spoke to customer services at the station to request the CCTV, they said that it should be treated like any other road... 

rajd

TELLIT01 said:

No consolation to the OP but if the passenger had opened the door a couple of second earlier there would probably have been a lot more damage as they would have driven into the open door.  That could have smashed the lights, wing, grille etc.

Definitely. Some saving grace however if there was more damage then there would be no question about insurance. This is purely because we are talking a few hundred quid, not a few thousand, and the passenger said they would pay for it. 

I was effectively at a stand still due to cars in front and in general people drive very slowly through here as it is so narrow.