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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 2
    • esuhl
    • By esuhl 11th May 18, 1:58 PM
    • 8,427 Posts
    • 6,204 Thanks
    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.
    • angrycrow
    • By angrycrow 11th May 18, 5:30 PM
    • 588 Posts
    • 420 Thanks
    angrycrow
    Most important question for resolving liability here in absence of an independent witness is the nature and location of damage to the other car.

    Op where did your door connect with the passing car. Do you have photos of the other cars damage and are you willing to post them.
    • photome
    • By photome 11th May 18, 6:19 PM
    • 13,608 Posts
    • 9,103 Thanks
    photome
    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
    Originally posted by facade
    Yes but didnt you learn to drive to the conditions, if you did and you do, it cant happen.
    according to car54
    • facade
    • By facade 11th May 18, 7:58 PM
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    facade
    Yes but didnt you learn to drive to the conditions, if you did and you do, it cant happen.
    according to car54
    Originally posted by photome
    Absolutely.

    If you have to drive through a hazard you must always drive at a speed that you can stop from.
    So the closer you get to the hazard, the slower you get, until when you are microscopically close, you are travelling microscopically slowly, as you still need time to get that brake pedal pressed if something happens.
    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 )
    • Car 54
    • By Car 54 11th May 18, 10:05 PM
    • 3,524 Posts
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    Car 54
    Yes but didnt you learn to drive to the conditions, if you did and you do, it cant happen.
    according to car54
    Originally posted by photome
    And where did I say that?
    • Richard53
    • By Richard53 12th May 18, 6:09 AM
    • 2,792 Posts
    • 2,317 Thanks
    Richard53
    If you have done 2 grands' worth to another car, imagine what you would have done to a cyclist. Your fault entirely, I'm afraid.


    Even if he was going too fast, or too close, he was in his lane of traffic and you opened your door into it.
    If someone is nice to you but rude to the waiter, they are not a nice person.
    • Gers
    • By Gers 12th May 18, 6:45 PM
    • 6,793 Posts
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    Gers
    https://www.essexlive.news/news/a406-north-circular-crash-sees-1535555

    https://www.theguardian.com/lifeandstyle/2017/sep/11/encourage-dutch-reach-to-stop-cyclists-car-door-deaths-says-charity

    If the OP only damaged the door of another car then I think that was lucky. Things could have been so much more worse.
    • Cash-Strapped.T32
    • By Cash-Strapped.T32 12th May 18, 7:08 PM
    • 514 Posts
    • 291 Thanks
    Cash-Strapped.T32
    Absolutely.

    If you have to drive through a hazard you must always drive at a speed that you can stop from.
    So the closer you get to the hazard, the slower you get, until when you are microscopically close, you are travelling microscopically slowly, as you still need time to get that brake pedal pressed if something happens.
    Originally posted by facade
    I love this reply - I know you say it like it's a joke, but you also know it's true.
    That rule that people always love to trot out - "always drive at a speed at which you could stop...", like almost evey rule in life, in any endeavour, can only ever be at best a guideline to adhere to as much as you reasonably can.

    To truly - absoloutely positively - be able to stop when approaching a hazard, one must be crawling along only a few millimeters per second - a lot slower than walking pace (anyone who has ever been in a crowded street where people will suddenly stop, or move across your path knows how easy it is to walk into someone by accident - and that's *literally* at walking speed).

    Let's be honest - unless you're going to drive in any built-up area where potential hazards are abound, at less than a quarter of a mile per hour or something equally impractical, then you're breaking the "always drive at a speed at which you could stop..." rule - let's just be straight about it & admit that life comes with risks.
    Last edited by Cash-Strapped.T32; 12-05-2018 at 7:41 PM.
    • spiro
    • By spiro 13th May 18, 8:09 AM
    • 5,981 Posts
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    spiro
    A useful tip that drivers in the Nederlands are taught, when opening a car door always use the hand furthest from the door to open it. So if you are the driver use your left hand.
    May sound odd but by doing this it forces you to turn your body and naturaly you'll being looking over your shoulder for any cars coming from behind.
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for 26k, 1 rejected (Opus).
    • AdrianC
    • By AdrianC 13th May 18, 8:31 AM
    • 19,111 Posts
    • 17,515 Thanks
    AdrianC
    You opened the door, but hadn't started to get out. What's that, a couple of seconds from looking to see if there's anything coming, then starting to open the door?

    20mph is nine metres per second. The bare minimum eyesight test for being able to drive would have you able to read his number plate 2.5 seconds before he reached you.


    If there was a bend or other hazard that meant there wasn't a clear line of sight, then it was not the right place to be parking anyway.
    • Colin_Maybe
    • By Colin_Maybe 13th May 18, 9:49 AM
    • 3,085 Posts
    • 1,596 Thanks
    Colin_Maybe
    You opened the door, but hadn't started to get out. What's that, a couple of seconds from looking to see if there's anything coming, then starting to open the door?
    Originally posted by AdrianC
    "What's that" was most probably the OP opening the door wide while looking to their left chatting to their passenger.

    They claim to have a "witness" who was also getting out of the car so couldn't possibly have witnessed anything happening on the far side of the car.

    Strangely, the OP hasn't been back.
    • Gers
    • By Gers 13th May 18, 1:00 PM
    • 6,793 Posts
    • 44,668 Thanks
    Gers
    ^^^^^

    Great minds...

    A useful tip that drivers in the Nederlands are taught, when opening a car door always use the hand furthest from the door to open it. So if you are the driver use your left hand.
    May sound odd but by doing this it forces you to turn your body and naturaly you'll being looking over your shoulder for any cars coming from behind.
    Originally posted by spiro
    • JP1978
    • By JP1978 14th May 18, 6:58 PM
    • 459 Posts
    • 315 Thanks
    JP1978

    Let's be honest - unless you're going to drive in any built-up area where potential hazards are abound, at less than a quarter of a mile per hour or something equally impractical, then you're breaking the "always drive at a speed at which you could stop..." rule - let's just be straight about it & admit that life comes with risks.
    Originally posted by Cash-Strapped.T32
    I agree.

    If we all stuck to the recommendations then the country would come to a stand still.
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