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

Car_54

DB1904 said:

TooManyPoints said:

DB1904 said:

TooManyPoints said:

Under what legislation?

I was going to ask the same question. The latter has a maximum penalty of six months' custody, so I imagine the police would want to record the allegation somehow.

Why? You like people to think you are qualified in legal matters. 

I've really no concern what people think. If I wanted them to think I was qualified in legal matters I would tell them I have a first in law and was a practicing barrister. The reason I was going to ask the question was because I was intrigued by this:

Seems strange that the police have crimed it but don't know…

I must say I didn't really know what you meant when you say the police have “crimed” it. I've not come across the term before. I assumed you meant made a formal record of the incident and formed an early opinion of what offences may have been committed. If that’s what you meant, I don’t find it strange at all. In fact I'd find it very strange if they hadn't.

The OP said crimes it, aka completed a crime report and given them a crime number. Given they don't know themselves what offence they are looking at then how have they completed a crime report? They can't and the two offences fail to stop and opening the door there is no requirement to complete a crime report. 

The OP actually said "The police have said that the taxi driving off and the passenger now refusing to play ball may constitute a crime but they have to confirm"

Why "may"? Both of those are crimes, why would they need to confirm?

sheramber

DB1904 said:

sheramber said:

• you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic by looking all around and using your mirrors
• 
  
• where you are able to do so, you should open the door using your hand on the opposite side to the door you are opening; for example, use your left hand to open a door on your right-hand side. This will make you turn your head to look over your shoulder. You are then more likely to avoid causing injury to cyclists or motorcyclists passing you on the road, or to people on the pavement

So you've put the must in bold. So to complete your post you need the relevant act covering the offence.

Not my bold. As stated in the Highway Code

https://www.highwaycodeuk.co.uk/parking.html

born_again

If Op has Taxi details, then report them to the local taxi licencing department.

rajd

Sorry for not clarifying. When I called National Rail to request cctv as instructed by the national rail customer service… they told me that British Transport Police are in charge of cctv on the station. So I called BTP and explained. They said that National Rail are in charge of cctv… but wanted to know all the details. When we got to the end of it, the officer said that accidents happen a lot in that tunnel, BTP are based there and they are aware of it. 

The officer said that the taxi driving away, the passenger now denying liability and refusing to give details and the threat from the driver via text was wrong and there was a crime there. But he wasn’t sure which was the main crime or if they were separate crimes. So he reported it as a crime, which colloquially is “crime’d” or “criming” it within the police and means that they make it official so that an officer can be assigned the case and police resource dedicated to working out what to do. 

Hope that makes sense. 

rajd

born_again said:

If Op has Taxi details, then report them to the local taxi licencing department.

I’m very tempted given the message he sent me. But honestly, life is stressful enough right now, so do I want to take on the driver when I don’t really think this is his fault. Even though he might be liable. 

rajd

maxmycardagain said:

Driver

thats his No claims shot

Sorry do you mean me or the taxi driver? 

rajd

k3lvc said:

Only 7yrs difference but same location - maybe trawl through all this and see what the outcome was there

Was involved in a car accident earlier today, whos liable? — MoneySavingExpert Forum

I’ve read about half of this. Very Interesting but 31 pages long! 

From the drivers perspective and he seems a bit mental. And it seems he is a private car with a friend or family opening the door. No conclusions though which is a shame. 

A lot of people saying getting cctv will be difficult and not much chat about holding the passenger responsible. But in general - the passing car definitely not at fault. 

Damage considerably more though. Poor driver. Hope they paid up. 

TooManyPoints

They can't and the two offences fail to stop and opening the door there is no requirement to complete a crime report.

I'm not familiar with police crime reporting procedures. Are you saying that there is no requirement to complete a crime report for an alleged offence which can carry a six month custodial sentence? If not, how is such an allegation investigated? 

DB1904

sheramber said:

DB1904 said:

sheramber said:

• you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic by looking all around and using your mirrors
• 
  
• where you are able to do so, you should open the door using your hand on the opposite side to the door you are opening; for example, use your left hand to open a door on your right-hand side. This will make you turn your head to look over your shoulder. You are then more likely to avoid causing injury to cyclists or motorcyclists passing you on the road, or to people on the pavement

So you've put the must in bold. So to complete your post you need the relevant act covering the offence.

Not my bold. As stated in the Highway Code

https://www.highwaycodeuk.co.uk/parking.html

Still no law backing it up in your link. 

DB1904

Car_54 said:

DB1904 said:

TooManyPoints said:

DB1904 said:

TooManyPoints said:

Under what legislation?

I was going to ask the same question. The latter has a maximum penalty of six months' custody, so I imagine the police would want to record the allegation somehow.

Why? You like people to think you are qualified in legal matters. 

I've really no concern what people think. If I wanted them to think I was qualified in legal matters I would tell them I have a first in law and was a practicing barrister. The reason I was going to ask the question was because I was intrigued by this:

Seems strange that the police have crimed it but don't know…

I must say I didn't really know what you meant when you say the police have “crimed” it. I've not come across the term before. I assumed you meant made a formal record of the incident and formed an early opinion of what offences may have been committed. If that’s what you meant, I don’t find it strange at all. In fact I'd find it very strange if they hadn't.

The OP said crimes it, aka completed a crime report and given them a crime number. Given they don't know themselves what offence they are looking at then how have they completed a crime report? They can't and the two offences fail to stop and opening the door there is no requirement to complete a crime report. 

The OP actually said "The police have said that the taxi driving off and the passenger now refusing to play ball may constitute a crime but they have to confirm"

Why "may"? Both of those are crimes, why would they need to confirm?

The OP also states the police have crimed it. Recorded a crime and issued a crime number. Neither of those two crimes need a crime report.