Car accident advice! Please help =(

phadge

Hi all,
Just wanted some advice on a car accident I was involved in yesterday. I parked legally on a 2-lane (slightly uphill) 1 way street which was narrower than the norm. I even parked partially on the pavement (as did everyone in the street) to allow more room for the right lane. Anyway, as I stepped out my car, another vehicle hit my door, damaing it but damaging their own vehile much worse. Basically, from the front nearside light right along the nearside to the back (all panels and both doors have paint damage!). I tried to ring the police to the scene, but they weren't interested as there were no persons injured.
Who is at fault in this situation?
Any advice is appreciated.

Scout

Sorry to be the bearer of bad news, but whilst the insurance companies will probably settle for 50/50, most of the blame lies with you.

Given that the other car was already travelling along the highway legally, you opened your door carelessly into their way, causing them to hit you. Your insurance company will (should) argue that they weren't taking sufficient care in not noticing someone about to get out of their car and/or travelling too close to the vehicles parked.

In theory, I think you *may* still "be guilty" of driving without due care and attention - in that the act of getting out of your car is still covered under the definition of "driving", although I stand to be corrected on this one. However, in the grand scheme of things, it is such a minor breach that the Police aren't going to do anything. We'll leave alone for now the fact that you (and everyone else) was parked illegally, partially on the pavement.

Sorry, not having a go, just putting a few "black and white" facts down. I only say these things because some years ago an eejit threw open his door (and I'm not suggesting you *threw* your door open) as I was driving past, just as I was looking over my shoulder to pull over to the next lane and luckily my friend in the passenger seat saw and moved my steering wheel over. He was a traffic cop and we then had a discussion about it - along the lines of para 1.

Hope you get it sorted without too much hassle

*MF*

Agree with Scout, even altho' I know you really won't want to hear that, you both owe a duty of care to each other, but taking care, making sure it is safe to do so, before opening a door is the easier task compared to braking and bringing a car to a halt - as a door opens.

But if there is any blessing at all in this - imho - it is that the police did not attend and decide to take action - most likely against you.