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  • FIRST POST
    • rileysc9
    • By rileysc9 10th May 18, 7:07 PM
    • 1Posts
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    rileysc9
    Car struck driver's door as I was getting out of the car
    • #1
    • 10th May 18, 7:07 PM
    Car struck driver's door as I was getting out of the car 10th May 18 at 7:07 PM
    I was getting out of my car and a car came from behind and hit the door just before I got out of the car. My door is damaged but only cosmetically, but the other vehicle was quite seriously damaged, with the owner saying they received a quote of around £2000 (although the damage did not seem nearly this significant at the time).

    The road I was exiting my car on has a speed limit of 20, and I think there is a reasonable chance the other car may have been exceeding this speed, how could I go about proving this? I have one witness who was also getting out of the car at the time, and I believe that had the car been travelling at the speed limit, the driver would have noticed by open door and reacted with ease.

    What course of action would people advise? Am I at fault for opening the door, is it a 50/50 and what effect would there be if the car were speeding on the outcome?
Page 1
    • Quentin
    • By Quentin 10th May 18, 7:11 PM
    • 37,266 Posts
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    Quentin
    • #2
    • 10th May 18, 7:11 PM
    • #2
    • 10th May 18, 7:11 PM
    In view of the high cost of damage caused to the third party then you need to report this to your insurer and let them deal with any third party claim
    Last edited by Quentin; 10-05-2018 at 7:13 PM.
    • loskie
    • By loskie 10th May 18, 7:12 PM
    • 1,346 Posts
    • 787 Thanks
    loskie
    • #3
    • 10th May 18, 7:12 PM
    • #3
    • 10th May 18, 7:12 PM
    He should pass your car with adequate room should you open it, entirely his fault. Speed is irrelevant.
    http://www.highwaycodeuk.co.uk/uploads/3/2/9/2/3292309/the-official-highway-code-with-annexes-uk-en-12-04.pdf

    page 26
    • facade
    • By facade 10th May 18, 7:43 PM
    • 3,438 Posts
    • 1,807 Thanks
    facade
    • #4
    • 10th May 18, 7:43 PM
    • #4
    • 10th May 18, 7:43 PM
    50/50
    He will say you flung the door open directly in his path, leaving him no time to react, you will say you observed carefully before opening the door onto a clear road and had the door open for a good few seconds before he hit it, leaving him ages to go round it.

    Don't say he was going so fast that he appeared out of nowhere, as to know he was going fast you must have seen him. Things that "appear out of nowhere" generally weren't seen in the first place.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • Tarambor
    • By Tarambor 10th May 18, 7:45 PM
    • 3,546 Posts
    • 2,618 Thanks
    Tarambor
    • #5
    • 10th May 18, 7:45 PM
    • #5
    • 10th May 18, 7:45 PM
    He should pass your car with adequate room should you open it, entirely his fault. Speed is irrelevant.
    http://www.highwaycodeuk.co.uk/uploads/3/2/9/2/3292309/the-official-highway-code-with-annexes-uk-en-12-04.pdf

    page 26
    Originally posted by loskie
    Not necessarily entirely his fault. There are situations where it isn't possible to do that. You can't do it on my road for example because it isn't wide enough.

    The bit you quoted of the HC is "best practice", not the law.
    • Norman Castle
    • By Norman Castle 10th May 18, 7:50 PM
    • 7,408 Posts
    • 6,174 Thanks
    Norman Castle
    • #6
    • 10th May 18, 7:50 PM
    • #6
    • 10th May 18, 7:50 PM
    He should pass your car with adequate room should you open it, entirely his fault. Speed is irrelevant.
    http://www.highwaycodeuk.co.uk/uploads/3/2/9/2/3292309/the-official-highway-code-with-annexes-uk-en-12-04.pdf

    page 26
    Originally posted by loskie
    These are rules for cyclists and given for the cyclists safety.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • cajef
    • By cajef 10th May 18, 7:52 PM
    • 4,843 Posts
    • 3,883 Thanks
    cajef
    • #7
    • 10th May 18, 7:52 PM
    • #7
    • 10th May 18, 7:52 PM
    He should pass your car with adequate room should you open it, entirely his fault. Speed is irrelevant.
    http://www.highwaycodeuk.co.uk/uploads/3/2/9/2/3292309/the-official-highway-code-with-annexes-uk-en-12-04.pdf

    page 26
    Originally posted by loskie
    Instead of quoting rules for cyclists from the highway code try rule 239 for motorists.

    you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic
    I used to have a handle on life, but it broke.
    • Norman Castle
    • By Norman Castle 10th May 18, 7:53 PM
    • 7,408 Posts
    • 6,174 Thanks
    Norman Castle
    • #8
    • 10th May 18, 7:53 PM
    • #8
    • 10th May 18, 7:53 PM
    I believe that had the car been travelling at the speed limit, the driver would have noticed by open door and reacted with ease.
    Originally posted by rileysc9
    I believe if you'd checked your mirror before opening the door you would have seen the oncoming car and had the sense not to open it.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • Colin_Maybe
    • By Colin_Maybe 10th May 18, 8:31 PM
    • 2,710 Posts
    • 1,337 Thanks
    Colin_Maybe
    • #9
    • 10th May 18, 8:31 PM
    • #9
    • 10th May 18, 8:31 PM
    I think there is a reasonable chance the other car may have been exceeding this speed, how could I go about proving this?

    Am I at fault for opening the door, is it a 50/50 and what effect would there be if the car were speeding on the outcome?
    Originally posted by rileysc9
    You have no clue if the other car was speeding or not because you never saw it coming, if you had you wouldn't have opened your door.

    Entirely your fault I'm afraid, given the suggested costs you need to report it.
    • Car 54
    • By Car 54 10th May 18, 8:47 PM
    • 3,290 Posts
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    Car 54
    50/50, in the absence of any other evidence.

    The OP should have checked before opening: the 3rd party should have allowed "adequate clearance".
    • photome
    • By photome 10th May 18, 9:00 PM
    • 13,470 Posts
    • 8,985 Thanks
    photome
    50/50, in the absence of any other evidence.

    The OP should have checked before opening: the 3rd party should have allowed "adequate clearance".
    Originally posted by Car 54
    What happens if you canít leave adequate clearance, although that doesnít seem to be the case here
    • Car 54
    • By Car 54 10th May 18, 9:09 PM
    • 3,290 Posts
    • 2,047 Thanks
    Car 54
    What happens if you canít leave adequate clearance, although that doesnít seem to be the case here
    Originally posted by photome
    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
    • By markudman 10th May 18, 9:19 PM
    • 280 Posts
    • 163 Thanks
    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.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • TooManyPoints
    • By TooManyPoints 10th May 18, 9:21 PM
    • 131 Posts
    • 94 Thanks
    TooManyPoints
    Itís 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 ďMustĒ 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
    • By Stoke 11th May 18, 8:30 AM
    • 2,601 Posts
    • 2,193 Thanks
    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
    • By EmmyLou30 11th May 18, 1:18 PM
    • 443 Posts
    • 544 Thanks
    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
    • By facade 11th May 18, 1:35 PM
    • 3,438 Posts
    • 1,807 Thanks
    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.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • bigadaj
    • By bigadaj 11th May 18, 1:41 PM
    • 10,819 Posts
    • 7,146 Thanks
    bigadaj

    Moral: get a dash cam, and use it.
    Originally posted by facade


    Advice: Use your eyes, mirrors etc before opening the door, far better than a dashcam in all likelihood.
    • cajef
    • By cajef 11th May 18, 1:45 PM
    • 4,843 Posts
    • 3,883 Thanks
    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.
    I used to have a handle on life, but it broke.
    • facade
    • By facade 11th May 18, 1:54 PM
    • 3,438 Posts
    • 1,807 Thanks
    facade
    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.
    Originally posted by cajef
    Sorry, I meant for the other driver!

    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
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
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